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CALENDARS. 



Instructions to Editors. 



The Master of the Rolls desii-es to call the attention of the Editors of 
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have been lost for which these Calendars have been compiled. 



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important and secret papers. 



CALENDAR 

OP 

STATE PAPEES, 

COLONIAL SERIES, 
AMEHICA AND WEST INDIES, 



t 



. (i.n^T . TiJA-.- 



CALENDAR 



STATE PAPERS, 

COLONIAL SERIES, 
AMERICA AND WEST INDIES, 

1661-1668. 



PKESER-i-ED 



HER MAJESTY'S PUBLIC RECORD OFFICE. 



EDITED BY 

W. NOEL SAINSBURY, 

OP TUE PUBLIC KECOKU OFFICE, 

HOXORART MEMBER OF THE AMERICAN ANTIQUABIAN- SOCIETY AXD OF THE HISTORICAL SOCIETIES 

OF MASSACHUSETTS, MAINE, NEWPORT^ NEW TORK, MARTLAXD, rENXSTLVANIA, C.UIOLIXA, 

GEORGIA, VIRGINIA, ETC. 

UNDER THE DIRECTION OF THE MASTER OP THE KOLLS, AND WITH THE SANCTION OF 
HER majesty's SECKETAKY OP STATE FOR THE COLONIAL DEPARTMENT. 



LONDON: 
LONGMAN & Co., Paternoster Eow; TRUBNER & Co., Ludgate Hill 

ALSO BY 

PARKER & Co., OXFORD ; and ALACMILLAN & Co., CAMBRIDGE ; 

A. & C. BLACK, and DOUGLAS & FOULIS, EDINBURGH ; 

AND A. THOM, DUBLIN. 

1880. 



2-2 3 -^-^ 



Printed by George E. Eybe and W. Spottiswoode, 
Her Majesty's Printers. 
For Her Majesty's Stationery Office. C X^ 



CONTENTS OF THIS VOLUME. 



Preface 

Caxendae, 1661-1668 
General Index 
Errata 



M 605. Wt. 3447. 



I 

643 
737 



PREFACE. 



The last volume of the Calendar of State Papers, 
America and West Indies, finislied with the year 1660. 
This volume hegins with the year 1661, and in nearly 
2,000 ahstracts of documents summarises our Colonial 
Histoiy for the next eight years to the end of the year 
1668. 

In drawing attention to some of the salient points in 
the history of the numerous colonies and countries as 
abstracted in this volimie, it will, I think, he convenient 
to class them into the following divisions, viz., — I. Our 
American Colonies under Charles II.'s reign; II. Our 
Colonial Possessions ia America ; III. Om- Colonial Pos- 
sessions in the West Indies ; and, IV. Our Possessions in 
Africa, on the Gold Coast, the Elver Gambia, and elsewhere. 

I. Our American Colonies at the opening date of this I. Our 

American 

volume consisted of six only of the original thirteen United Colonies. 
States of America, viz., Massachusetts, New Hampshire, 
Connecticut, Rhode Island, Maryland, and Virgmia. But 
m March 1663 the first charter was granted to the Lords 
i*roprietors of Carolina, which province afterwards de- 
veloped into the two states of North and South Carolina. 
New York was sm-rendered to the English in August 1664, 
and Delaware in the following October. New Jersey 
formed part of the territory granted to James Duke of 
York ia the same year, while Pennsylvania was not founded 
until 1682, and the State of Georgia was not thought of 



viii PREFACE. 

until some fifty years after that date. So that we arc able 
to trace by the light of these State Papers the early history 
of eleven out of the original thirteen United States, five of 
■which, as British Colonies, begin theii- history in this 
volume. 

Soon after his restoration, King Charles II., judging it 
necessary that so many remote colonies, so many ways 
considerable to his crown, should be brought under an 
uniform inspection for their future regulation, security, 
and improvement, signed a commission^ appointing thirty- 
five members of the Privy Council, the nobility, gentry, 
and merchants, a Council for Foreign Plantations. In this 
Commission authority was given to any five to inform 
themselves of the condition of the Plantations, and of 
the commissions by which they were governed, as well 
as to require from every governor an exact account of 
the constitution of his laws and government, the number 
of inhabitants, and, in short, all the information he was 
able to give. 

The Commissioners were also instructed to provide 
learned and orthodox ministers to reform the debaucheries 
of planters and servants, to consider how the natives and 
slaves might be invited and made capable of baptism in 
the Christian faith, and generally to dispose of all matters 
relating to the good government and improvement of the 
Plantations. 

The first meeting of this Council was held on the 7tli of 
January 1G61, when committees were appointed for the se- 
veral Plantations and they held many meetings throughout 
that year. How they carried out their instructions may be 
seen in their minutes, reports, and orders, all of which are 
abstracted and may readily be referred to at p. 710 of the 
Index. 

1 1 Dec, 1660 [Col. Calendar 1574-1660, p. 492.] 



Attention was first directed to tlie Colonies of New Tiie Colo- 
England, and informations, petitions, and relations of tliose En^laud. 
who liad been snffercrs, and of thousands of others in New 
England were laid before the Council (42, 15, 46, 49-51). 
After several meetings they reported that the government 
of New England [Massachusetts] had exceeded their 
grants by enacting laws and administering justice repug- 
nant to the laws of England, that unequal restraints were 
imposed in matters of conscience and divine worship, and 
that trade was in no way managed to the advantage of his 
Majesty's crown. It was also objected that the New 
England Colonies had increased their stock of sheep to 
nearly 100,000, whereby they were so stored with wool that 
the manufactures of England would be less necessary to 
them; and that their government had pm-posely withdrawn 
all means of judging or disposing of their affairs in 
England, " as if they intended to suspend their absolute 
" obedience to the King's aiithority " (66, 75). 

Tliis report was presented to the Secretary of State, 
together with the heads of a letter which had been pre- 
pared for the Governor and Council of New England. At 
the same time the Council for Plantations oflPered their 
report and letter to the consideration of the King and his 
Privy Council, for they said they conceived themselves to 
be in no capacity to give any judgment therein, having heard 
but one side, that they had but considered the general state 
of things in New England, and made ready a letter with all 
possible tenderness, avoiding all matters which might set 
the people at a greater distance, or stir them to any fears 
or distrust that it would not be safe for them to submit 
cheerfully and wholly to the King's authority and protec- 
tion. The Council advised that this letter should be 
speedily sent to prepare the people to such a compliance 
as must be necessary for an English Colony (80). 



X PREFACE. 

This letter was read at the Council Board on 17th May 
1661, but was not thought fit to be sent now or indeed at 
all by the Council of Plantations (87), upon which the 
Lords of the Covmcil, conceiving it to be a matter of State, 
appointed a conunittec of their own body to take it into 
consideration (91). 

More than a year elapsed and so little progress had 
been made in the settlement of the New England Planta- 
tions, that on 25th September 1662 the matter was once 
more "seriously debated," on which occasion Lord Claren- 
don declared that the King would speedily send over Com- 
missioners to settle the respective interests of the several 
Colonies (370), and the Lord Chancellor subsequently 
drew up himself a paper of " considerations in order to 
" the establishing his Majesty's interests in New England," 
(706). It was not, however, until April 1663 that the 
King in an Order in Council made a similar declaration, at 
the same time promising to preserve the []Massachusetts] 
charter though he wished to know how it was maintained 
on the part of the Province (437), and another year elapsed 
before Charles II. signed Commissions and Instructions in 
April 1664 for Richard Nicolls, Sii* Eobert Carr, George 
Cartwright and Samuel Maverieke to visit the colonies of 
New England, and determine all complaints and appeals 
for settling their peace and security (708-725). 

In an elaborate letter to the Governor and Council 
of Massachusetts the King imder six heads explained 
his reasons for sending his Commissioners, and com- 
manded that his letter should be commimicated to the 
Council and to a General Assembly to be called for 
that purpose, and while desiring their co-operation and 
assistance he declared that he doubted not they would 
give his Commissioners proper reception and treat- 
ment (715). So strong, however, was the feeling against 



them when they landed iu the Piscataqua that wagers 
were laid that they would never sit at Boston, and it 
was by them thought better to begin at Connecticut and 
dispatch the other three Colonies first ; for, argued the 
Commissioners, if they had good success there it would 
be a strong inducement to the other Colonies to submit 
to the King's Commissioners, whereas if they were opposed 
at Boston it would be an ill precedent (931). They were 
two years engaged in visiting the New England Colonies, 
at the end of which time the King recalled them ; and 
while letting the colonies know how mu.ch his Majesty 
was j)leased with the good reception given to his Com- 
missioners and their dutifulness and obedience to his 
Majesty except in the case of the Massachusetts, the 
King said he was sorry that any of his loyal subjects 
should so mistake their own true advantage as to give 
him cause of displeasure, and he covild not choose but 
resent their deportment, so his Majesty sent express com- 
mands for the Governor and others of that colony to 
attend the King and answer their proceedings (1171- 
1175). This summons was never obeyed, one of the 
reasons alleged being that Governor Bellingham was nearly 
80 years old and had many infirmities (p. 419). 

In a long report the Commissioners presented an account 
in detail of then' transactions with each colony visited 
by them, viz., Connecticut, Rhode Island, New Plymouth, 
M^assachusetts, New Hampshire, Maine, and Kennebec 
(1103). All then- proceedings are duly chronicled in this 
Calendar and have been largely drawn from by Dr. PaKrey 
in his admirable history of New England, which it is r.n 
interesting study to read in conjunction with these State 
Papers. 

Now the Council for Plantations, as we have seen, were Propagat 
also instructed '* to consider how the natives and slaves 



ion 
of the Gospel 



in New Kiif;- " might be invited and made capable of baptism in the 
AmeHcii. " Christian faith," so a Committee was appointed to meet 
at Grocers' Hall, of which Robert Boyle was a member 
(3) : and on 7th February 1662 a patent of incorporation 
of the Company for propagation of the Gospel in New 
England and the parts adjacent in America passed the 
Great Seal. Ml the great officers of state with other 
persons of eminence formed the " body corporate and 
" politic," and power was given to them to purchase and 
hold lands not to exceed the yearly value of 2,000/. and to 
ship foreign coin not exceeding the value of 1,000/. in any 
one year. Of this corporation Robert Boyle was consti- 
tuted the first Governor (88, 152, 223). The King was 
soon afterwards petitioned to grant one general collection 
throughout England and "Wales, for their charges had 
exceeded their income, which was much too small to carry 
on their work. They had printed the New Testament 
and a good part of the Old in the Indian language and 
the rest was making ready for the press, and they were 
in Avant of funds partly for perfecting so costly and neces- 
sary a work as completing the translation and printing of 
the Bible, and partly for the maintenance of schools for 
Indian children (318, 319). 
Quakers in Wliile measures were taken for teaching the Indians 

Kew Eng- . . . ^ 

lanil. and their children to live according to the princij^les of 

the Christian religion, representations were made to King 
Charles of cruel and inhuman sufferings inflicted upon the 
people of God called Quakers by the Magistrates of New 
England, The General Court at Boston had tried qll 
means to prevent the intrusion of Quakers, " who, besides 
" their absurd and blasphemous doctrines, do like rogues 
" and vagabonds come in upon us." Any one adjudged a 
wandering Quaker was to be stripped naked from the 
middle upwards, tied to a cart's tail, and whipped through 



the town, and from thence conveyed beyond the Massa- 
chusetts jurisdiction. Whippings, imprisonments, fines, 
ear-cuttings, and even death were the punishments in- 
flicted " only for conscience sake," while many were ba- 
nished upon pain of death because they were called 
Quakers. The King in Council ordered that these com- 
plaints should, as the petitioners desired, be referred to 
the Council for Plantations. (89, 90, 92, 93.) 

Three months later the King w^rote to Gov. Endecott 
and the Governors of all the Colonies in New England, 
commanding that if there were any called Quakers already 
condemned to death or other corporal punishments, or 
that were imprisoned, to forbear proceeding any further 
with them, but forthwith to send said persons, whether 
condemned or imprisoned, to England, together with a 
statement of their crimes or offences, to be dealt with 
agreeable to om" laws and their demerits (168). Less than 
a year after this letter had been written Charles II., when 
acknowledging an Address and Petition from the General 
Court of Massachusetts, which he said had been very 
acceptable to him, promised he would renew their charter 
whenever they desired it, the principal end of which the 
King then declared to be liberty of conscience; but he 
added, " We cannot be understood hereby to direct or r^ish 
" that any indulgence should be granted to Quakers, whose 
" principles being inconsistent with any kind of govern- 
" ment, w'e have found it necessary, by the advice of 
" Parliament, to make a sharp law against them, and 
" are well contented that you do the like there "^ (314.) 



1 In May 1664' Sir Thos. Modyford wrote to Sec. Bennet, " It may 
take off much of the rude i-oughness of that sect's temper wheu they find 
John Perrott, au eminent preaching Quaker, content for his Majesty's 
service to appear in a black satin suit with sword and belt and be called 
Captain." (739.) 



XIV PREFACE. 

The regi- Charles II. had promised hy proclamation free pardon 

Whailey and ^ov all otfences committed against him during the late 
^°^^' troubles, except those attainted by Parliament of high 

treason, " if any such have transported themselves into 
" those parts." (314.) Two of the regicides, Whailey and 
Goife, were at that very time in New England under the 
names of Richardson and Stephenson (45), and warrants 
were issued for their apprehension by Gov. Endecott, 
" that so they might testify to the world how much they 
" abhorred to entertain or conceal such persons declared 
" to stand convicted of having a hand in the execrable 
" murder of the late king." Compare this letter with 
John Crowne's deposition abstracted No. 161. So a 
thorough search was ordered to be made for Whailey and 
Goffe in Connecticut, New Haven, and New Plymouth, 
and if found they were to be brought into the Massachu- 
setts jurisdiction (81). A report to Gov. Endecott from 
Thos. KeUond and Thos. Kirke, the bearers of the warrant, 
describes the delays and the imwillingness they met with 
everywhere to give them any assistance. Time was every- 
where given to the regicides to make their escape, so that 
the ofl&cer sent in pursuit wished he had been a plough- 
man and had never been in the office since he found it so 
weighty (96). Neither Whailey nor Goft'e was ever ap- 
prehended, though it was believed they were concealed in 
New England, as indeed they were. Other papers in re- 
ference to this subject are abstracted in this volume, 
which, together with the report of the Royal Commis- 
sioners, may be foimd by consulting the index. Some 
interesting "Memoranda concerning Edward Whailey 
and William Goft'e," by ErankUn B. Dexter, are printed 
in Vol. II. of the Papers of the New Haven Colony 
Historical Societv. 



PREFACE. XV 

But the Northern Colonies in America did not engross Virginia. 
the whole attention of the Council for Plantations. Letters 
were also written to the Colony of Virginia informing the 
government there of what had heen done in England in 
reference to their inspection and management, and recom- 
mending that planters or those well acquainted with their 
att'au's should represent them in England, and that they 
should apply themselves to the increase and improvement 
of flax, silk, and other manufactures. They were also 
directed to inform the Council how many parishes the 
country was divided into, how many were supplied with 
ministers and what allowances they received, and tlic en- 
couragement given to others to go over to them (21, 32). 
Sir William Berkeley had succeeded Sir Erancis Wyatt in 
the government of Virginia. His first commission as 
Governor was signed hy Charles I. in 1611, and on ord 
June 1650 Charles II. signed his second commission. Ar- 
ticles for the surrender of Virginia to the subjection of 
the Parliament of England were signed hy the Governor 
and Council of Vnginia and the Parliamentary Commis- 
sioners on 12th March 1652, and it was then agreed that 
neither Governor nor Council should he obliged to take 
any oath to the Commonwealth for one year, and that 
some one should be sent to give the King an account of 
the surrender. Almost immediately after the restoration 
Charles II. signed a third commission (31st July 1660) 
for Sir "William Berkeley to l)e once more Governor of 
Virginia, which office he continued to hold until his death 
in 1677, thirty-six years after the date of his first appoint- 
ment as Governor. While debate was had on the letter to 
be sent by the Council of Plantations to Virginia, Governor 
Berkeley, then in England, was desired in August 1661 to 
bring in writing an account of the colony and such propo- 
sitions as he conceived fit for its advantage (119) . It was 

Jl GO.). Ij 



in July 1602 tlifit lie received the King's command speedily 
to repair to his government. The proposals which he then 
made for the advancement of that colony, and the Orders 
of Coimcil thereon, are abstracted, Nos. 332-334, 341, 345, 
352-3, 357. 

In the previous Calendar (1574-1660) Cecily, the widow 
of Lord De la Warr, in a petition to Charles I. described 
how her husband settled the plantation in Virginia, and 
that the great profits and advantages which accrued from 
thence were due to the large sums of money expended by 
him out of her jointure, that she was left burdened with 
many debts and only 101. per annum to maintain herself 
and seven children.^ King James had granted Lady De la 
Warr in 1620 a pension of 500/. per annum for 31 years, 
to be jiaid out of the customs of the Plantation, which at 
the date of her petition had more than half expired, and 
she prayed for a renewal of her grant for another 31 years. 
Her petition was not granted, though we gather from 
another petition to Charles II. in this volume (239) that 
her annuity continued to be paid until the year 1640, and 
then ceased. So in 1662 Cicely, then Dowager Lady De 
la "Warr, petitioned the King that having received nothing 
since 1640, the pension of 500/. might be granted to her 
for the natural life of her daughter, Jane West. Tlie report 
of Lord Treasurer Southampton on this petition is worth 
recording. His Majesty, having a particular regard to the 
worth and good deservings of petitioner and family, had 
commanded the Lord Treasiirer to certify what he con- 
ceived fit to be done for His Majesty's service and the 
petitioner's satisfaction. So Lord Southampton reported 
that the sense he had of the present necessities of the 
Crown made him a very unfit judge of the laboui-s of any 

1 Colonial Papers, Vol. VIM., No. 18, Cal, p. 182. 



" of tlieir plantations," should be added to tlie printed 
copy," That yotu- Majesty will be graciously pleased forth- 
" Trith to revoke your said Order of Council and all passes 
" thereupon granted. And if any ship." The documents 
in Prench, abstracted Nos. 1227 and 12.")1, have in part 
been incorrectly translated. In the letter to M. D'Hinse, 
siu'geon at Albany, instead of the writer complaining that 
last year seven ships came and we are eight and ten months 
without people from France, he really said, last year seven 
ships arrived with 1,800 persons from France, wbilc 
M. Hertel, writing a few days later to the same person, 
did not say that he experienced much fatigue during the 
war last winter and arrived in alarm four or five hours 
after the governor retired, but he told M. D'Hinse that 
he was still more displeased when during the war last 
winter he arrived at the army four or five hours after 
the Governor retired. But there is a more curious haac- 
curacy or misprint in Colonel Nicoll's letter to the Com- 
missaries of Albany (1219) where in the New York 
Documents Nicolls is made to say, your intelligence is 
mistaken for there are no soldiers quartered and accom- 
modated in the Town, whereas Nicolls wrote and told the 
Commissaries, that there were 100 soldiers quartered and 
accommodated in the Town. 

There are two papers calendared in this volume of some 
interest in relation to the surrender of Xew York.^ It 
seems that some Englishmen who had made a voyage 
to New Netherlands baving been invited by tlic Earitane 
Indians to purchase their land, bought a tract to their 
liking ; upon this the Dutch Governor sent forth a man 
of war to take them, charged them to depart, and said they 
should not purchase any laud of the Indians, but that if 



1 One of these abstracted No. 622 is printed in the proceedings of tlic 
Massachusetts Historical Society, Dec. 1S68, pp. 382-387. 



they -woiikl submit to the Dutch Goverument, the Governor 
himself would piu"chase the laud and give it to them. 
This offer the Englishmen refused, and being told by their 
interpreter that the Dutch had tried to persuade the 
Indians to kill them and bury them in the sand, got out 
of the river in the night as quietly as they could. But 
it appeared that the Indians had received them very 
courteously and liad promised to maintain their purchase, 
so they desired advice how to act, esteeming" their lives not 
dear for the defence of his Majesty's just rights if caUed 
thereto (593). The other paper contains an argument at 
some length upon the right given to a nation to countries 
pretended to on behalf of the King, which had been dis- 
covered by his predecessors and long after hidden from 
those who now presumed to possess them. It is herein 
stated that the lands between the east end of Long Island and 
Delaware Bay were discovered by Henry Hudson, but that 
differences ha\T.ng arisen with his mariners, Hudson was by 
them imprisoned, though immediately released by the 
Eling's orders. After which he went to HoUand where 
he sold his maps and cards to the Dutch, their cruel 
conduct committing him to sea in a small boat after they 
had got what they could of liim. That Sir Samuel Argal 
was commissioned by King James to demand satisfaction 
of the Dutch and to warn them in the futu.re upon pain of 
confiscation of goods. After referring to the emigration 
of noncomformists from Holland to Hudson's River or the 
west end of Long Island, the waiter proceeds, " but the 
" Dutch breaking faith landed them 140 leagues from the 
" place N.E. in a barren country since called Plymouth, 
" and themselves in 1621 settled a factory in Hiidson's 
" Pdver through fraud and treachery, to the wearing out 
" of om' English interest in that place, and contrary to 
" then- engagement to Argal that they Avould come thither 
" no more, lii) that in piu'suance of said engagement, all 



" the Dutcli have there, both ships and goods, stand liable 
to confiscation." Then follow accounts of the proceedings 
before Charles I. in Council occasioned by Colonel Powell 
asserting the King's interest and the obstructions of the 
Dutch ; the insolence and treachery of the Dutch to the 
English and Natives, of wliich an instance is given in the 
cruel murder of an Indian Sachem by the Dutch who 
staked him alive for selling lands to Daniel Hoav ; and 
concludes thus : — This miserable state of English interests 
in that part of the world calls aloud for remedy that they 
may no longer sustain the intolerable disgrace of submitting 
to the intrusion of such monsters and bold usm'pers (62:^). 
Now this paper was written in 1663. 

On 29th January, 1664, Sir John Berkeley, Sir George 
Carteret, and Sir WUliam Coventry reported that they 
had discoursed with several persons well acquainted with 
the affairs of New England, some having lately inhabited 
on Long Island, where they have yet an interest. They 
further reported that the Dutch on those Colonies did not 
exceed 1300, the English who lived intermixed with them 
being about 600 men ; so it seemed very probable that the 
Du.tch might either be reduced to his Majesty's obedience, 
or dispossessed of their usurped dwellings and forts, if the 
King would send three ships and about 300 soldiers under 
good officers. It was also suggested that the King should 
send letters to the Provinces in New England to be assist- 
i'? therein (617)- It is probable that this report was 
founded on the arguments above referred to. A month 
later the King signed a warrant for a grant to his brother, 
the Duke of York, of lands in America, which included 
the Province of i!\ew York, at that time possessed by the 
Dutch under the name of New Netherlands. There are 
four several copies of tliis warrant (675-678), in two of 
which the boundaries are differently described. The 



xxvi PREFACE. 

King's Bill is dated tlie Stli March, IGOl; and in this, as 
well as in the Signet Bill and the Privy Seal, both dated 
10th March, there is a variation from the "warrants, in the 
houndarics, which, hoAvever, are fully set forth in tlie 
Patent, dated 12th March, IGOl (G83-G85). Dr Palfrey, 
in his '■■ History of New England" (II. 580), says : "I have 
" never seen the Duke of York's Patent entire. That part 
" -which relates to the boundary has been more than once 
" prmtcd." This Patent is enrolled on the Patent Boll of 
16 Charles XL, Part S, Xo. G, and is abstracted Xo. 685. 

Col. Xicolls, in the instructions he received from the 
King in April, IGGl, was directed to recover his Majesty's 
rights in those places possessed by the Dutch, and to 
reduce them to obedience and submission to the King's 
Government (711-715). 

The greater portion of Col. Xicolls' letters, as first English 
Governor of Xcw York, are printed in the Xew York docu- 
ments, but those which are not may readily be distin- 
guislied by referring to the index, p. 705. His proclama- 
tion to the inhabitants soon after he assumed the govern- 
ment, in draught with corrections in his own hand^ has 
not before been printed (835) ; but the names of those noted 
in tlie abstract immediately preceding, who took the oath 
to be true subjects to King Charles, have. A list of 
])rovision8 necessary for 300 soldiers, besides officers, who 
Avere designed to be kept in pay nine months, but had 
been continued two years, and must still continue 12 
niontlis longer at the least, is Avorthy of note (13G2), as 
Avell as the mark of his particular protection, Avliich the 
King desired to give to an acquisition of such importance 
as the reducing and settling Xcav York (1180). A. 
complete list of the laws enacted by the Duke of York in 
]G()7. and established at Xcav York, is contained in a MS. 
volume of 258 pages, abstracted Xo. 1023. 



PREFACE. xxvii 

After "his abode" of four years in Xew York as 
Goveruor, where ho lived witli great reputation and 
honour, Gov. Nicolls was in August, 1668, on his return 
to England. Samuel IMaverick gave him this character. 
He has done the King very considerable service in these 
parts, having kept persons of different judgments and 
diverse nations in peace Avhen a great part of the Avorkl 
was in wars ; and as to the Indians, they Avere never 
brought into such a peacable posture and fair correspon- 
dence as by his means they now are. (1829). 

The first letter from Nicolls' successor, Governor Francis 
Lovelace, is dated from Fort James, 28th August, 1068. 
(1831). 

Early in 1661 those Lords of the Privy Council who servants for 
were Members of the Council for Plantations had debate ^-^^^^^^ 
on a petition of Colonel Tuko concerning proposals for 
registering planters and servants going to the Plantations 
(.32) ; and a Committee was appointed to consider the 
best ways of encouraging and furnishing people for the 
Plantations ; and the powers to be given to justices of the 
peace to dispose of felons condemned to death for small 
offences, single men and women found to be sturdv 
beggars, and loose disorderly people. The Committee 
was also directed to consider of an office for registering 
these people, and how the stealing of women and children 
from their masters and parents might be prevented (101). 

The Mayor of Bristol petitioned the King for power to 
examine ships bound from that port to the Plantations, to 
see that servants and passengers went of their oami free 
will, for among those from all parts transported to the 
Plantations as servants the mayor declared that some were 
husbands who had forsaken their wives, others wives who 
had aliandoned tlieir husbands, some were children and 
apprentices run away from their parents and masters, 



T^-hile unwary and credulous persons were often tempted 
on board by men stealers, and many that had been pur- 
sued by hue and cry for robberies, burglaries, or " break- 
" ing- prison" escaped (331). The Lord Mayor and 
Aldermen of London likewise petitioned the Coixncil to 
devise some course for the suppression of these evils 
(770). 
Spiriting The "wicked custom" of seducing or, as it was poini- 

tTthe'''^"^^'' larly called, of spiriting away young people to go as 
Plantations, servants to the Plantations was much resorted to and 
loudly complained of. A thriving trade was driven by 
these spirits, T^'ho by fraud or violence sent over servants 
and others to inhabit the rapidly increasing Plantations. 
Petitions were presented to Charles II. and his Council 
from merchants and planters as well as masters of ships 
against this custom. It was complained that evil-minded 
persons voluntarily offered to go and having received 
money, clothes, and other necessaries pretended they were 
betrayed, carried off without their consent, in short 
spirited away. Lady Yarborough in a letter to the Under 
Secretary of State begged for a warrant to search ships for 
a poor boy of whom she had the care, but who had been 
stolen away by these spu'its as they called them. Sir 
Heneage Finch, the Attorney-General to whom these 
petitions were referred, reported that the mischiefs com- 
plained of were very frequent, there being scarce any 
voyage to the Plantations but some were carried away 
against their wills or pretended to be and so run away. 
That a registry of passengers would be a proper remedy, 
and that the King might erect such an office, although 
the Attorney-General was of opinion it would never 
effectually be executed without an Act of Parliament. 
About the same time proposals were made for better 
accommodating the Plantations with servants, and for 



coustittiting an office for trausportiDg thence vagrants, 
rogues, and idle persons, felons, vagabonds, gipsies, and 
loose persons " who remain here noxious and unproiitahle."^ 
Upon these proposals a Committee of the Council reported, 
and like Su- Heneage Einch recommended that an Act of 
Parliament be passed containing the necessary powers and 
provisions to remedy the evils complained of (7G9-772, 791). 

At length in September 1G64, Charles II. granted a 
Commission to the Duke of York and others to examine 
all persons going to the Plantations whether they went 
voluntarily or through any deceitful or sinister practice. 
The King at the same time erected an office for register- 
ing the agreements of persons voluntarily going, and 
appointed Roger Whitely master of said office with the 
fee of 40/. a year and such allowances as the j^lanters 
might agree to give him (798). 

Notwithstanding this Commission, however, it was found 
necessary some years later to resort to Parliament for pre- 
vention of these abuses. Sir A. Ashley Cooper was en- 
treated to move it in the House to have a law to make it 
death to spirit away, and he was at the same time assured 
that his mercy to these innocent children would ground a 
blessing upon himself and his own (1720). So on 18th 
March 1670 an Act was passed to prevent stealing and trans- 
porting children and other persons whereby any person 
spiriting away by fraud or enticement with the design to 
sell, carry away, or transport any person beyond the sea 
shall suffer death as a felon without clergy.- 

Many condemned prisoners were sent to the Plantations, Coademued 
the names of some wiU be found at No. 1431, and on re- gpl^TJ^the 
ference to the Index. John Style, a prominent inhal)itant of I'l^'itatious. 
Jamaica, writes to Secretary Lord Aiiington on this subject 
with considerable emphasis. Why should not his Majesty 

1 See Col. Calendar 1574-1660, p. 493. 
2 Commons Journal, p. 142. 



XXX PREFACE. 

[he said) send out a colony, one family from cacli parish, as 
the llomans did. Xot yom* convict gaol birds or riotous 
persons, rotten before they are sent forth, and at best idle 
and only lit for the mines. AVell-disposed people should 
not Ije sent as servants for a term ^vhich is hateful to 
a Tree Englishman, but upon meat, drink, and wages as in 
England until tliey can make provision I'or themselves. 
These were the conditions he authorised his sou to offer ; 
the ice once broken and the advantage by experience con- 
firmed, he believed that there would in a short time l)e 
equal need to restrain by a law such people from coming 
as there is now to send them (1023). Towards the end 
of the year 166(3 a resolution was passed in reference to 
the Scotch rebels which added considerably to the popu- 
lation of some of our Colonies. All the Scotch rebel 
oflicers and ministers were ordered to be hanged ; of the 
common sort one in 10 was to be executed, one in 10 
'■ forced to confession," and the rest sent to the Plantations 
(1351). 

Crowds of minutes relating to the American Colonics 

hir Joseph ^ 

Williamsou. j,^ Williamson's handwriting will be found in this volume, 
some of which, as will be noticed in the abstracts of them, 
are scarcely accurate. This is the more to be wondered 
at, as he is known to have been most painstaking in the 
numerous official employments wliich he held during forty 
years of his life. Some of these were of the highest 
trust and importance, for not only did he fill the office 
of Under Secretary of State for a consideral)le time, but 
he took a prominent part at the Congress of Cologne and 
in the Treaties of Nimegnen and Eys-\vick, and was also 
Ambassador in Holland, Keeper of his jNIajesty's State 
Papers, and Secretary of State.^ 

1 An Order of the Trivy Council ilatod 23 Pel). 1703-4 appoints Dudley 
Dieses a Member of tlie Council of tlie ishind of N'irginia. 



PREFACE. XXXi 

II. Our Colonial Possessions in America at the openins^ H- O""* 

Colonial 

date of this volume were Acadia, Nova Scotia, Newfound- possessions 
land, the Bermudas, and a part of the country wliich has 
since been divided into British, French, and Dutch Guiana, 
for although Canada, Anth the fort of Quebec, was taken 
from the French by the brothers Kirke early in the pre- 
ceding reign (July 1629), it was soon afterwards ordered 
by Charles I. to be restored to France.^ 

The country of Acadia and Nova Scotia is described as Acadia and 

Nova Scotia. 

the largest of Iris Majesty's possessions, abounding in good 
harbours, rivers, lands, and timber, and incredildy fruitful 
in mines and in fish (liSG, 1S77). The rival claimants 
were so numerous that statesmen may well have been per- 
plexed and confused mth the history as they were with 
the geography of the country.- From the first grant of 
ICing James to Lord Stirling in 1621 the title to the 
country came into dispute, and so it remained, although it 
was supposed more than once to have been settled. Early 
in 1662 Charles II. directed the Council for Foreign 
Plantations to take into consideration the interests of the 
several pretenders, and to report to the King in Council 
their sense of the whole matter (221<). 

Sir Lewis and John, Sir David, and their brothers, Thomas 
and James Kirke, Francis Berkeley, AYiUiani Earl of Stir- 
ling, his daughters. Ladies Mary and Jane, Colonel Blount, 
who married the Earl's widow, Thomas Elliott, of the 
King's bedchamber, Capt. Thos. Breedon, Lord de Latour, 



1 Col. Papers, Vol. VI.,'Xos. 46, 48, Cal.. p. 143. On Dec. 1st, 1631, the 
King gave a grant of arms to David Kirke, and to his brothers Lewis, 
Thomas, John, and James, and their issne for ever, for valour in vanquishing 
the French fleet, taking Canada, and bringing Mons. Champlain prisoner to 
England (Domestic, Charles L, Vol. 204, No. 5.) 

2 See p. xxxiii. 

M 605. 



Coloucl Thomas Tomplo,^ and 'William Ci-ownc were all 
claimants to tlie right and title to Acadia and Nova Scotia." 
The country, if not " fii-st discovered by Latour," was 
certainly fii'st settled l^y him and his father, who lived 15 
years among the savages before any grant was passed,^ 
and, having built St. John's Fort, engaged Sir William 
Alexander to support his right and title and take part 
of his interest. So Sir William obtained the first grant of 
the country, and at vast expense and the loss of his whole 
fortime, planted a colony there. Nine years afterwards 
the Earl of Stirling conveyed part of Nova Scotia to 
Latour, and in 1632, at the Kings persuasion, surrendered 
Port Eoyal to the French for 10,000Z., issuable out of the 
revenue of Scotland, which was never paid. Hence arose 
the pretensions of the Earl's widow, who married Colonel 
Blount, and of his heirs. In the Earl's right came Sir 
Lewis Kirke, Francis Berkeley, and others, who bestowed 
vast sums in. planting that country under contract with 
the Earl, and who surrendered their interest to the French 
for 60,000/., which was never satisfied. Then the French 
at Port Boyal made war upon Latour at St. John's Fort, 
Avho, going to New England for succour, mortgaged St. 
John's to IVIajor Gibbons, but found on his retm-n that his 
fort had been seized by D'Aulney, his men put to the 
sword, and his wife poisoned. Latour then repau"ed to 
France for justice ; the King disavoAred the action and 
gave Latoiu" power to sieze D'Aulney, but he fou.nd on his 
return that D'Aulney had been drowned by one of his own 



1 Temple Jfclared that one of the last commaads that Charles I. whis- 
pered to Kirke on the scatfold was to charge this King (Chas. II.) to have 
a care of honest Tom Temple (Col. Papers, Vol. XIY., No. 64, Cal., p. 496.) 

= Nos. 210, 112, 343, 111, also Col. Papers, Vol. XIV., No. 60, Cal., 
I). 493. 

^ Col. Papers, Vol. XIV., No. 04, Cal., p. 497. 



servants, so Latour marriecl the widow and took possession 
of Port Eoyal and Penobscot by tbat right. In 1655 
Major Sedgwick, without orders, turned his forces upon 
the Prench in Nova Scotia, seized Latoiu-'s forts, killed his 
men, demolished his chief fort, plundered him to above 
10,000^., and brought liim prisoner to England. Cromwell 
restored the forts and country to Latour, who for his 
adherence to England was condemned in Prance as 
a traitor (210, 1598-1600, 1809). Colonel Temple then 
purchased Latour's interest for 8,000?. (1641). 

Prom a statement made by Temple and Crowne of how 
they became proprietors it apjiears that Latom*, being 
unable to pay 1,800?. to Cromwell's soldiers and 3,376?. 18s. 
to the relict of Major Gibbons, of New England, for re- 
demption of the mortgage on St. John's Port, sold his 
interest to them (111). So in 1656 Cromwell granted 
under the Great Seal of England to Charles St. Etieune 
Lord de Latoiu-, William Crowne, and Thomas Temple for 
ever, the territory denominated Acadia and part of the 
country called Nova Scotia, extending along the coast to 
Pentagoet and to the river St. George,^ which was erected 
into a province independent of New England. Thus for 
the first time was introduced that confusion -ndth regard to 
Acadia and Nova Scotia which so perplexed statesmen in 
after times by considering those as two different countries 
that were in truth the same ; the former containing the 
latter and more, and Acadia advancing westward until it 
met with the settlement of New England." 

But the rival claims of the English grantees were sup- 



1 Col. Papers, Vol. XIII., No. 4, Cal., p. 444. 

2 Chalmers i. 187. Hazard i. 616-619. The bounds of Acadia and Nova 
Scotia are described at p. 504. 

c 2 



XXXiv PREFACE. 

plcmentcd by a " claim by the Erench Ambassador ia 
Council " (225, see also 1611). He demanded the restitu- 
tion of Acadia, but in uriring bis royal master's rigbt to 
the forts in New Prance, as be called it, ""vvitb tbe 
" countries thereupon depending," fell into a strange 
blunder. He accused Temple, avIio, be said, called him- 
self Oliver Cromwell's lieutenant in America, of ■\-iolence 
in tbe bouse of one De la Have (211). Tbe "Proprietors," 
Latour, Temple, and Crowne replied that they never beard 
of any complaint of violence by Temple in the house of 
one De la Have, neither was there any su^cb man in the 
land, but that there was a place so called wbicli Temple 
piu'cbased from Latour ; and they in turn complained of 
tbe hostile proceedings of Le Bourne and bis barbarous 
usage of tbe English in turning them upon an island to 
live upon grass and wade in tbe water for lobsters to keep 
them aKve (226). In llichard Cromwell's time tbe French 
offered to give up all their claim to the country if they 
might enjoy that part of it from La Have northward to 
New Erance or Canada (241). 

The title of tbe English was argued at considerable 
length, with quotations from legal authorities on liotb 
sides, and the opinion of Su* Wadham Wyndham was in 
favoiu- of the rigbt of King Charles (21-3). Eurther 
papers on this subject are abstracted, Nos. 1598-1600, 
wherein it is stated that tbe lands being first discovered 
by Cabot at the charge of Henry YIL, the first patent was 
given to Sir Humphrey Gylbcrte ; then j)atents were 
granted to the A^irginia Company, and a subdivision being 
made, a part was given to Ne\v England, another to Sir 
"WilUam Alexander the first Earl of Stu'ling to New 
Scotland, who afterwards sent expressly to discover a 
place for habitation, having beard that the Erench bad 
been removed from Port Eoyal by Sir Samuel Ai-gal 



PREi'ACE. XXXV 

about ten years before. It is alleged tbat dviriug the 
reign of King James there was no complaint made 
upon Argal for having displanted the Prench (IGOO) 
but this statement is opposed to the facts, as may be 
seen by reference to the State Papers, France, of 1G14, 
where there is a long State Paper entitled an Answer to 
the Complaints presented by the French Ambassador de 
Buisseaiix, the foui-th and eighth articles of which have 
reference to the force used by Argal in carrying oi\t his 
commission.^ 

The question then arose whether the right of propriety 
in the country was in Latour, Temple, and Crowne by 
Cromwell's grant, in the Kirkes, Berkeley, and others for 
their 60,000/., Gibbons for his mortgage, or the Earl of 
Sterling's heirs for their 10,000?. The first discovery of 
Canada and possession were b}^ the English. Afterwards 
the French planted and kept it, when the Scotch Patent 
was granted to Nova Scotia, and were again ejected by the 
English ; but at the peace Quebec was restored, yet so as 
the right of the English was not taken away. So that if 
the English had right the Scotch Patent cannot take it 
from them. If the French usurped, it was upon the 
English, and were not ejected by the Scotch, so that the 
Scotch Patent could not be of force against the one or the 
other. And if in the restitution of Quebec there was a 
reservation of the right of the English and no reservation 
thereof, it remains entire both against French and all 
other. Such was the opinion of Su* John Coke (1600). 
But in pursuance of the lOtli and 11th articles of the 
treaty of Breda the King commanded Col. Temple, the 
governor of Nova Scotia to restore to the King of France 



See also Col. C'al. 1.J74-1660, p. 15. 



xxxvi PREFACE. 

the country called L'Accadie Tvhicli the most christian King 
formerly enjoyed. Temple was at the same time warned 
that it was only the coiintry of L' Accarlie he was to restore 
and not any part of Nova Scotia or any other country or 
province, or any part even of L'Accadie itself hut what 
originally helouged to the King of France, and was taken 
from him by the English (1635-38). If any of the in- 
habitants of Acadia preferred to live imder the Elng of 
Great Britain it was agreed by the treaty that they should 
be permitted to withdraw (witliin one year of the restitu- 
tion of said country) and sell or dispose as they j)leased of 
their lands, goods and slaves, or carry them away without 
molestation (IGoi) ^ 

One of the privileges granted by King James to Sir 
Wm. Alexander was the power to create baronets of Nova 
Scotia. The coimtry was annexed to the Crown of Scot- 
land by fom' Acts of Parliament and the Lord De Latour 
and his eldest son were made baronets of Nova Scotia 
(1809. 112). King Charles II. himself granted the title 
of baronet of the kingdom of Nova Scotia imder the great 
seal to Col. Thos. Temple and his heirs male (321) and we 
gather from a petition to the King that there were external 
badges to distingviish the Orders of the Garter, the Bath 
and Nova Scotia but that there was no such badge to 
distinguish baronets from knights bachelors (208). 
Newfound- Ncwfovmdland was granted by King James I. to Sir 
^^^'^' George Calvert afterwards Lord Baltimore, but in 1637 

" the whole continent, island, or region called Newfound- 
" land " was granted by King Charles I. to Sh- David 
Kirke who took over one hundred persons to inhabit there. 
In a letter to Archbishop Laud from Terrylaud in October 



^ The King in Council ou 28 July 1668 commanded that Acadia should 
not be restored to France until further orders (1808, 1815). 



1639. Sir David Kirke says that the air of Newfoundland 
agrees perfectly well "nith all God's creatures except Jesuits 
and schismatics, and that a great mortality amongst the 
former trihe had so affrighted my lord of Baltimore that he 
had utterly deserted the country. Their chiefest safety was 
a strict observance of the rites and service of the Church 
of England and he doubted not but the country would be 
numerously peopled in a short time. Immediately after 
the Restoration, Cecil, Lord Baltimore, petitioned the 
King about his father's grant. He said that his father had 
begim a plantation in Newfoundland, built a fair house in 
which he resided and expended above 30,000/. That after 
his decease, Sir David Kirke surreptitiously obtained a 
patent, went over the following year, and dispossessed the 
petitioner of all his rights there, and he prayed that no 
grant might pass to his prejudice and to be restored to his 
rights.^ When Sir David Kirke returned to England some 
ten years before, he was sued by Lord Baltimore for dis- 
possessing him of his house, goods, and rights, and for 
keeping him out of possession many years to his prejudice 
of above 20,000/., and he was laid in prison where he died 
before making any satisfaction (G2). After this the King 
commanded Sir Lewis Kirke and the heirs of Su* David to 
give up possession of houses and land belonging to Lord 
Baltimore, who then appointed Capt. Swanley his deputy 
in the government of the country (452). 

Erom its first discovery until the Treaty of 1632 the 
French had never been permitted to fish at Newfoundland, 
but after that treaty the Erench who traded to Canada 
and Acadia made dry fish there, and " presumed " to raise 
a garrison. They soon became more numerous than the 
English planters. A governor was dispatched from Pi,o- 

1 Col. Calendar 1574-1660, pp. 35, 260, 304, 481. 



xxxviii PREFACE. 

cliclle Tsv-itli two stout ships of -war, and iu 1GG5 were 
laden at least 100 great ships with dry fish. Ahout this 
time the merchants of London, Bristol, Southampton, 
Plymouth, Dartmouth, and Weymouth petitioned the 
King complaining of the prejudice they sustained by the 
Dutch under De Huyter in June 1665, by calculation 
36,000/., and their great fear of the Prench " now planted 
there." By the product of this fishing trade the King's 
customs amomited to iO,OOOZ. per annum, and the retm-n 
to the nation to 300,000/., and they prayed His Majesty 
to secure the country by fortifying it (1666). But the 
French were encouraged by their King to continue to 
plant there, for by proclamation Louis XIV. allowed 
masters of ships five livres for every man and three for 
every woman carried to Newfoundland. In two years the 
Trench had planted between thirty and forty guns in the 
best harbom-s, and showed their King's broad seal for 
government of the island. The English Avere driven from 
theu' habitations, and said they must desert the land if 
there were not some timely remedy. The fisliermen 
robbed, killed, and sj^oiled the inhabitants as much as 
they had done before the Restoration. So Charles II. was 
entreated to send a frigate or two to remove the French, 
and proposals and reasons were presented to the King for 
the settlement of the country. In 1668 it was said that 
Newfoundland was the greatest, if not the only nursery 
for seamen, and that Avhen the trade flourished it bred 
10,000 seamen yearly. That imder a government the 
fishery produced 50,000/. customs and brought to the 
nation 500,000/. per annum. That the French had pos- 
sessed themselves of three of the best harbom-s and used 
all means to debauch His Majesty's subjects to live under 
then' protection, and that they would iu case of war 
quickly possess the whole country. If they shoidd take 



NeTvfoiiiidland it was asserted that, whereas they employed 
400 sail aud 18,000 seamen, and the English 300 sail and 
15,000 seamen, they would employ near 700 ships and 
30,000 seamen, and the English be shut out of 700,000/. 
yearly. That it Avas only by a settled government that 
the EngHsh could avoid the abuses of the imgovernod 
seamen, who dealt with them as they pleased, and be pre- 
served from sea rovers and enemies, have equal justice, a 
minister to christen, marry, instruct, and bmy them, and 
not live as they lived now, like brutes. The having no 
officers of Clmstianity, " so that the very natives take 
notice of it," the want of justice, destruction of stages, 
houses, woods, and harbours were said to be some of the 
consequences of the want of a governor (1730-1). 

To defray the charges of government it was proposed 
that every fishing boat should pay a certain custom. But 
this impost was strongly objected to by the merchants, 
owners, and masters of ships, who in their reply to Capt. 
Robinson's proposals to the King in Council argued that 
such imposition was positively contrary to several Acts of 
Parliament, and that the memory of Sir David Ivirke's 
actions was little encouragement for another Governor. 
That the many tippling houses and taverns "were first 
created by Kirke to his own advantage, which was the 
first cause of debauching the seamen and of the increase 
of the inhabitants. That if another governor followed he 
would doubtless continue the same. That laws were 
violated by the inhabitants, aud not by the fishing ships, 
which would be prevented if tlie inhabitants were re- 
moved. That the English possessions reached near 300 
miles, with 18 fishing places, and that if St. John's were 
fortified and a governor resident there, it would signify 
nothing to the other places. They therefore conceived 
that a governor would be more disadvantageous than pro- 



xl PREFACE. 

Stable eitlier to the public or to the trade, aud they 
asserted that as the Newfoiiudlaud fishery was contrary to 
charter, already carried on by the inhabitants and boat 
keepers in great part, so if a governor were settled and the 
inhabitants continued, the trade would in a few years be 
removed from this kingdom and become as the fishery of 
New England managed altogether by the inhabitants, so 
that not one ship had sailed on that employment out of 
England for seven years (1729-1732). 

Bermudas. The Bermudas or Somers Islands were granted in 1615 
to the Earl of Southampton and others by the name of the 
Company of the City of London for the plantation of the 
Somers Islands, Avho governed the plantation and managed 
their own affairs without any charge to the Crown. The 
customs from tobacco imported thence amounted to 
thousands of poimds yearly, so the King occasionally 
granted them supplies of powder and ammunition out of 
His Majesty's stores (1334-5). A collection of Laws and 
Orders with the rental of the public land and an account 
of the glebes and ministers' entertainment and respective 
settlements will be found No. 399. The colony was pro- 
prietary, so that there are but few papers relating to the 
history of it in this calendar. Lieut.-Gen. Sir J. H. 
Lefroy sometime Governor of the Bermudas has compiled 
from the colonial records two thick 8vo. volimies of Memo- 
rials of the Discovery aud early Settlement of the Ber- 
mudas which includes the State Papers of value preserved 
in this department. 

Guiana. Several attempts were made iu the reign of Charles I. 

to plant and colonize the river Amazon and the country of 
Guiana. As early as 1627 the Duke of Buckingham 
granted Roger North two prize ships for that service, and 
certain " inducements " were propounded to the King to 
take the adventurers to Guiana and their plantation under 



PEEFACE. xli 

his protection. One George Griffith also sent men to 
plant on the coast. In a petition to the King in 1638 he 
said that his Majesty's subjects were the fii-st Christians 
who ever planted there, that the design was very hoptiful, 
and he prayed the King to encourage adventurers to imder- 
write so that Englishmen might be planted there before 
the Dutch or any other nation.^ In 1G50 Francis Lord 
Willoughby fiu'nished out a vessel, and by treaty with the Surinam. 
natives of that part of Guiana called Surinam began to 
settle a colony there, and at his own cost equipped a ship 
of 20 guns, and two smaller vessels with things necessary 
for the support of the plantation. Tavo years later, for 
the better settling of the colony, he went in person, fortified 
and furnished it with things requisite for defence and 
trade, and in March 1654 the Council of State, upon the 
report of a petition from Lord Willoughby, recommended 
that letters patent should be granted to him and his heh's 
of a large tract of land which comprised the Colony of 
Surinam.^ 

The King's interest in Surinam extended to the Orinoco, 
and the whole tract of land was about 350 square leagues. 
Lord WUloughby had expended near 20,000/. at Surinam, 
and he desired 30 leagues for himself and his heirs, but the 
Committee for Foreign Plantations thought that too much 
for one man (83.) Then- report is dated May 1661, but in 
May 1663, Charles II. taking into consideration the 
faithful services of Lord Willoughby, and his desire that 
Lawrence Hyde, second son of Edward Earl of Clarendon 
might be joined with him, granted to them jointly all that 
part of the mainland in Guiana called Surinam by the 
name of Willoughby Land, except 30,000 acres reserved 
to his Majesty for demesne (451.) The colony is described 

1 Col. Calendar 1574-1660, pp. 83, 101, 270. 

2 Interregnum Entry Bk., Vol. CIII., p. 169. 



xlii PREFACE. 

at this time as in good order -with about 1,000 " generous 
and obliging " inhabitants ; tbc country as healthy and 
fruitful and abounding with strange rarities both of beasts, 
fish, rej)ti]es, insects, and vegetables, the Avhich for shape 
and colour were wonderful, the air moderately hot and 
the natives numerous (577.) Towards the end of the 
year 1G66, the inhabitants were infected with a wasting 
sickness and in a condition rather to invite than rejiel an 
enemy's force. While in this condition a Dutch fleet of 
seven sail with 1,000 men under Admiral Crynsens 
anchored before the fort. A summons was sent to 
Governor Byam to surrender, with a promise that all the 
inhabitants should retain their possessions, but that in 
case of refusal no quarter would be given. Governor 
Eyam refused ; but after two or three hours fighting was 
forced to surrender, having but 50 lbs. of powder left 
(1421, 1814.) The narrative and articles of surrender will 
be found abstracted, IS'os. 1421-2. About six months 
after the Dutch had obtained possession, Sir John Har* 
man, "\\ ith a large fleet appeared before the fort at Suri- 
nam, and on 7th October 1G67, it surrendered and became 
once more an English possession. A Court-martial was 
held upon Governor Byam at his own request iu refei'ence 
to his surrender of the fort to the Dutch, which declared 
that he had in all particulars demeaned himself as became 
a loyal subject, a valorous prudent commander, and an 
honourable person (1540.) But in accordance with the 
3rd and Gth Ai'ticles of the Treaty of Breda, the Colony 
of Surinam was ordered by the King in Council to be 
again surrendered to the Dutch (163S, 1785-0). 

The Dutch having thus got a part of Guiana from the 
English, claimed the whole main (1812). They had before 
possessed themselves of several islands within the extent of 
his Majesty's Commission, and of some settlements in 



rREFACE. xliii 

Guiana, regarding which Lord Willoughby, then Governor 

of Barbadoes, desired to know his Majesty's pleasure (830.) 

Berbice was at this time in possession of the Dutch, Berbice. 

though it was daily expected that Lord Willoughljy would 

reduce it with other Dutch colonies (94i, 1067.) He set 

out 300 men and took Paramariljo and Essequibo, and I'^mniaribo 

^ nml Esse- 

Secretary Lord Arlington was informed in January 166G, (luibo. 
that both Berbice and Curac^ao would be taken, and then 
the English would have all the Dutch trade in the West 
Indies (1126). 

There is a narrative in d(>tail of the taking of Cayenne Cayenne. 
from the Erench, who fought most vaKantly. They began 
" according to the custom of their nation to charge 
" furiously." If ever officers in the Indies fought like 
themselves and their soldiers like men it was here. The 
Erench Governor de Lezy and a considerable number were 
wounded, besides 23 killed on the Erench side, whUe on 
the English side the Commander of the Eorlorn was shot 
in seven places, two of Ids men were wounded and one 
killed. Thirty -nine pieces of ordnance and large quantities 
of arms and ammunition were found in the fort. The forts 
and strong buildings were demolished, " the stock of 
" Cayenne fuUy destroyed, the best of the buildings left 
" in the last of their flames and more plunder, consisting 
" of negroes, sugar, coppers, stills, mills, cattle, and horses 
" carried away than Avill ever be known" (1540). 

III. Our Colonial possessions in the West Indies at this HI. Our 
period were Antigua, Dominica, Montserrat, Nevis, and St. sessions in ^ 
Christopher, the Leeward Isles ; Barbadoes, St. Lucia, St. J^^i J"'^ 
Vincent, and Tobago, the Windward Isles ; and Jamaica. 
Grenada, although included in Lord Willoughby's grant of Grenada. 
the Caribbee Islands, was sold by the Erench West India 
Company toDu Parquet, the Governor of Martinique, -who 
in 1668 had a great desire to " swop " it for St. Kitts, lately 



TheBf 
hamas. 



Xliv PREFACE. 

taken by the French, and which Lord Willoughby thought 
would be no ill bargain/ There was no grant or settlement 
of the Bahama Islands before 1670. 

Antigua is described as a brave island, not inferior in 
bigness to Barbadoes, and worth all the rest of the Lee- 
ward Islands except Barbadoes, because of its fertile soil 
and incomparable safe harbours, and of its great conse- 
quence to the King (1 063, 1692-4) . It was frequently sub- 
ject to the incursions of French and Indians, who tlu'ee or 
fom" times a month would visit the island, so that the whole 
business of the planters was to keep what they had, and 
liut for Lieut. -General Willoughby and 500 men with him 
the French had soon been masters of the island. When 
he draws off his men, wi'ote the President of the Council, 
we shall be in great danger except sliips come from Eng- 
land, for the seas are now altogether in obedience to the 
French (1224), And so it turned out, for a few months 
after Willoughby left the island, the French landed in 
November 1666 after a short opposition, and pursuing the 
Governor into the woods took him prisoner, some of the 
inhabitants escaping in boats to Nevis. Another account 
says that tlie French came with English colours, landed 
without opposition, and surprised the fort and Governor, 
and that they had 18 ships, and landed 1,500 men (1347, 
1390). Henry Willoughby told Secretary Lord Arlington 
that Antigua was attempted by 15 French ships, with about 
700 or 800 men, who by the treachery and cowardice of 
several of the inhabitants met with little opposition, and 
after imposing the oath of allegiance to the French Eing, 
plundered them of goods and arms and left them to the 
mercv of the Indians, contrary to the articles of surrender. 



Nos. 387, 568, 891, 1692, 



PREFACE. Xlv 

This base usage, he added, made the people of Nevis and 
Montserrat more resolute and forward (1100). 

Prancis Lord "Willoughhy had set out from Barbadoes 
in the previous July with a fleet for the relief of the Lee- 
ward Islands, but before he could reach Antigua the fleet 
was dispersed in a storm, some of the ships were lost, and 
Lord Willoughhy himself was drowned (1258). His 
brother Lord "William, who succeeded to the government, 
arrived at Antigua with a fleet towards the end of April 
1667. They burnt several French ships, retook Antigua 
and Montserrat, and put the people in such heart that they 
feared not any enemy (1512). He told the King in 1668 
that Antigua had been cruelly fired and plundered by the 
French; then by their advice the Indians treated men, 
women, and children most inhumanly; and lastly, some 
Irish destroyed what was left. That Antigua had suffered 
more than any of the other Leeward Isles, but was incom- 
parably the best, and that if it had due encom-agement 
from the King it would become a second Barbadoes (1663- 
1692). 

The inhabitants of Antigua in a petition to Governor 
Willoughhy expressed theu" thankfuhiess for his care of 
them, and in a paper of proposals they desired church 
government to be established among them, oblivion for 
their compulsory obedience to the French, that their 
courts of justice might be in the hands of honest and able 
men, and that every man might have the title to his estate 
renewed, except such as had run away to the French, with 
other requests and privileges, nearly all of which were 
granted (1687-8). 

There were at this time about 1,100 men upon the 
island formed into a regiment, but the greater part wanted 
arms. An Act was passed allowing 10 acres per head to 
settlers, and two places were set apart upon which to build 



xlvi TEEFACE. 

towns adjoinirig' the most commodious liarbom's. At the 
same time convenient lands were reserved for the King's 
use near the best liarhour, called English harbom'. The 
inhabitants were "suddenly" to produce great crops of 
tobacco, as also sugar, for which a supply of negroes was 
necessary. But one of the chiefest wants of all the islands 
was pious, learned, and orthodox divines (1788). 
Dominica. The King in his instructions to William Lord TVilloughby 

in Pebruary 1G67 gave similar powers to those previously 
given to his brother Francis Lord Willoughby, to treat with 
the natives in the West Indies, especially with those of St. 
Vincent and Dominica; but if they were injurious or contu- 
macious to jiersccutc them with fire and sword (489, li03). 
So in February 16GS Lord Willoughby instructed ]\Lijor 
James WaUver to take Captain Thos. Warner to Dominica, 
and if he could beget a good understanding between Warner 
and his allies to leave him there, with orders to bring the 
French party over to peace with our nation, and to procure 
a general release of the English captives who had been 
taken there by the French from Antigua, Montserrat, &c. 
But if it were found unsaf (?, after trial of the humour of the 
Indians, to leave Warner, then to bring him back to Bar- 
badoes, with such of the captives and Indians as he could, 
attacking and destroying the Indians and their towns. 
Warner Mas the son of Sir Thos. Warner, Governor of St. 
Kitts ; but though his mother was an Indian he was edu- 
cated and lived with his father until he was 30 years of 
age, and received a commission to be Deputy Governor of 
Dominica. He suffered exceedingly by the French, by 
whom he had been taken prisoner for his loyalty to the 
English. It was objected by the French General De la 
Barre that Warner had never lived as a Christian, but as 
a Caribbcc, and that his retm'u to Dominica woidd cause 
a broil with the natives, who, De la Barre said, the French 



PREFACE. xlvii 

must support, as haviug ceded tlie island to them; but 
Lord Willoughby insisted that Dominica was within his 
own government, and though inhabited by Indians he saw 
no reason why the English should not settle there and the 
Indians be brought under the King's obedience, which 
they eventually were by treaty in 1G68 (1663, 1690, 1693, 
1717, 1788, 1901). 

News arrived in London in January 1667 that Montserrat Montsen-at. 
was wholly reduced by the Ercnch, and the inhabitants 
like to be starved for want of provisions (1392-3). Gover- 
nor Sir Thos. Modyford informed Sec. Lord Arlington that 
tJie French had had success on Montserrat and that upwards 
of 600 of the inhabitants had come to Jamaica extremely 
plundered, even to their very shirts, so that many would 
have perished had they not been relieved by the charity of 
the planters (1456). So Capt. Berry was sent with a fleet 
to reheve Montserrat and Nevis and destroy the French 
ships, and he succeeded in fetching off 400 Englishmen 
from Montserrat ; two Frenchmen who had been left Gover- 
nors were taken prisoners (1477), and the French and 
Irish upon the island were sent to Nevis (1528). The 
inhabitant freeholders of Montserrat in a petition to Go- 
vernor Willoughby said they had been conquered by the 
French imder De la Barre, and were by them possessed and 
governed some months, but that Capt. Berry reduced tlie 
island upon which they were reinvested in the small 
r'.-jidue of their estates. And they prayed to be confirmed 
in theii' former possessions and privileges (1668). 

Montserrat is described as a fine little island with as 
much plantable land as Nevis, A'cry fertile and well settled, 
but far short of Antigua, "cruelly destroyed" by the 
French and almost wholly possessed by Irish, many of 
whom, for behavmg as their countrymen did at Antigua 
were " fairly hanged," and others when himted out of the 

M 605. J 



xlviii PREFACE. 

woods were promised tlie same fate. The rest, about 400, 
swore to be loyal, and I believe them said Governor Wil- 
loughby until an enemy appear (1663, 1692, 1724). How 
the Irish behaved in Montserrat is described in a declaration 
of the inhabitants themselves. They said they had been 
devastated in the late war above any of their- neighbours 
not only by then* enemies, bu.t likewise in a most barbarous 
and inhuman manner had been robbed, plundered and 
almost utterly consumed by a party of rebellious Irish, 
their neigiibom-s. in such sort as it was almost impossible 
either for man or pen to describe (1676). Lieut.-Col. Sta- 
pleton, a gentlemen of known valour and integrity, born in 
Ireland and therefore understanding the better to govern 
his countrymen, was in July 1668 commissioned Governor 
of Montserrat (1788). 

The Council and Assembly acknowledged the blessing of 
God in the almost miraculous restoration of the King, 
whose appearance, they said, like the rising of the sun 
soon dispelled all those condensed fogs of malignity and 
oppression in that almost depraved nation [of England]. 
But they complained in conjunction with the other Lee- 
ward Islands that they were now debarred from that 
freedom of trade which they had formerly enjoyed, by 
reason of the Acts of Trade and Naidgation which had 
lately been passed in Parliament (731, 804). 

Now though De Ruyter could not boast of what he had 
done at Barbadoes, for in truth, he was not only unable to 
carry away any shipping from thence, but himself received 
considerable damage, yet at the Leeward Isles he had better 
success and carried away 16 ships from Montserrat and 
Nevis (992). As soon as the Governor of St. Kitts received 
the King's proclamation of war against France he re- 
quested assistance from Nevis, whereupon Governor Rus- 
sell sent him 400 men, but on a second application he 



PREFACE. xlix 

was told the island could not spare any more (1181). When 
St. Christopher was taken by the French in April 1666, men, 
women, and children to the number of 2,000 were sent to 
Nevis " to the great weakening of the island, provisions 
" beingextremely scarce" (1211). In consequence of let- 
ters from Governor Eussell stating that Lieut. -Gen. Henry 
"WiUoughby was expected in Nevis, and that his presence 
would be a reviving to the inhabitants and a secu.rity to 
the King's interest, he was ordered to depart forthwith and 
conduct the forces there (1158). Lord Willoughby shortly 
afterwards informed the King that had not liis son Harry 
stuck close to Nevis it had been lost, still he said the 
island was in so desperate a condition for want of pro- 
visions and arms that fiu'ther relief was necessary to enable 
them to hold out (1476-7). The Erench were about to 
attack it with 4,000 men and 1,500 Indians, but happen- 
ing to take a sloop sent by Lt.-Gen. Willoughby to assure 
Governor Eussell that within ten days they should have 
ten sail of stout ships, the French mistaking the style 
apprehended they would be down the next day and so 
desisted from their design^ [1481). 

A battle between the English and French fleets Avas, 
however, imminent, and on the 10th May, 1667, they met 
in Nevis-road. The two fleets engaged, and the fight 
continued more than four hours. On our side were ten 
ships and a fire ship, under the command of Capt. Berry ; 
on the enemy's side, twenty men-of-war and ten or twelve 
other vessels. During the fight a ship of Bristol blew up, 
and most of her seamen and thirty soldiers were killed. 
Our fleet behaved like Englishmen, and drove the enemy 



1 A curious instance of the efTocts of the different computation of ten 
days between the old. and new styles at this period, sec other examples in 
the preface to Bond's Handy Book for verifying Dates. 

d 2 



1 PREFACE. 

before them to the very shore of St. Kitts, where they took 
shelter under Basse-terrc town. The Prench in this action 
sustained considerable loss ; on our side only 24 men were 
killed and 28 wounded, and our ships came off well. The 
want of re-inforcements was urged upon the Ilome 
Government again and again. We cannot long even 
defend ourselves without considerable supplies from 
England, said Lord Willoughby, for if France and Holland 
be on one side, and on the other only Barbadoes and Nevis, 
who can expect but that in the end they will prove too 
weighty. Had our fleet been beaten at Nevis, that poor 
island would not have met with gentle usage, for De la Barrc 
declared he would give no quarter. He had a considerable 
force, and the Cannibal Indians plied off during the fight 
in their boats, as it were hovering over tlieii" prey. There 
were great numbers of negroes in arms, and the Prencli 
had stirred up the Indians against us, so that there were 
enough altogether to devour many sucli places as Nevis. 
But the courage of our men was good (1488). Happily 
Sir John Harman arrived in the nick of time from 
Martinique, where he had destroyed the French fleet. 
Being now masters of the sea, TVTote Governor Eussell, we 
hope in good time to be masters of the land (1521). Lord 
Willoughby told the King that the cliarge of preserving 
Nevis, which otherwise had been undeniably lost, had not 
been less than 50,000/., and they were then going to fortify 
themselves at no less expense (1539). 

The question which arose towards the end of 1067 
■whether it would not be convenient to separate the govern- 
ment of Barbadoes from Antigua, Montserrat, Nevis, and 
St. Kitts was strongly opposed by Gov. Lord Willoughby. 
He told the Council for Plantations that Barbadoes had 
gained Antigua and Montserrat with the fleet set out at their 
own charge, which afterwards preserved Nevis, and by that 



means Nevis outlived this last storm of war. He said he 
did not use this argument to gain a territory, it being his 
right by patent. He was then about to visit Nevis, and to 
bring that island into better order than his brother Ptusscll 
had yet modeUed it (1630). 

On his arrival in January, 1668, Lord Willoughby opened 
the Assembly with a speech in which he said that though 
he was no good orator, yet he hoped he should so speak as to 
be understood, and that they would like plain dealing best. 
He requested them to lay aside all animosities, said he was 
sorry to see the effects of the late hmu-icane, and to ease 
them had taken care for the speedy removal of the soldiers, 
but was heartily glad that through his own care in supply- 
ing them with shipping, soldiers, and other necessaries at 
vast charge, whilst their neighbours had been destroyed 
and laid in ashes they had been preserved, and he exhorted 
them first to serve God and nest their King. (1665.) 

In a report to the King of his visit to the Leeward 
Islands, where he had been seven weeks " dashing to and 
again among them," Lord Willoughby reckoned the peoj)le, 
1,200 fighting men at least, to be good subjects (1692). 
To the Privy Council he reported in July, 1668, that the 
late war and long settling had much decayed, and the late 
hurricane greatly injured the island. The inhabitants, too, 
were overburthened with ruined families forced thither for 
refuge during the war, but were exceedingly grateful and 
civil to the soldiers even beyond their abilities. The island 
was sickly, and many of the chief settlers were removing 
to Antigua (1788). A petition of Governor Russell, the 
Coimcil and Assembly of Nevis to the King relates how the 
sliips of war under Capt. Berry and Su* John Harman pre- 
served them from the cruel Prench and bloody Indian 
cannibals, whilst on all then- neighbouring fellow subjects 
were such outrages committed " as cannot easily be rased 



lii PREFACE. 

out of tlie memory." Duriug tliis time the only refuge 
for 5,000 distressed meu, women, and children was their 
poor island, which had long been besieged, so that no pro- 
visions came to their reKef, and at last their chiefest food 
was the herbs of the field boiled with salt only, insomuch 
that, had it not been for the officers and soldiers, the com- 
monalty would have rather yielded to the sword than to 
famine. In this juncture two ships from Hambiu'gh were, 
by the Council at which Major-Geueral Sir Tobias Bridge 
was present, allowed, contrary to the Acts of Trade and 
Navigation, to supply the island with provisions for pay- 
ment. So petitioners implored the King's pardon, since 
they were able by a cloud of testimonies to prove that his 
Majesty's service and their own groaning necessities com- 
pelled them rather to fly to his j^ardon than to perish and 
become mm'derers. So the King du'ected the Attorney- 
General to prepare a Bill to pass the Great Seal containing 
his Majesty's free pardon to all concerned, with a remission 
of the penalties incurred (1880, 1893). 
St. Cliristo- The island of St. Christopher was inhabited by the 
French at both ends, while the English in the middle were 
divided from them by mountains through which there was 
only passage for men on foot (1179). As soon as the 
King's declaration of war against France reached Governor 
Watts he gave the French General, De la SaUe, according 
to agreement, three days' warning, one accoimt says, 24< 
hom's, telling him that he must then expect an assault ; 
Governor "Watts had been re-inforced with 500 men from 
Nevis and 200 buccaneers under the command of the 
valiant Colonel Morgan. So but little if any preparation 
was made by the English, who depended upon their own 
strength which was two to one of the French or even 
more. At the exph'ation of the time agreed upon the 
French General asked for 18 hom's longer, which Governor 



PREFACE. liii 

Watts grauted without consulting Ms Council, but the 
next morning De la Salle marched from Basse-terre with 
a considerable body of horse and foot as well as negroes 
armed with bills, hoes, and fire brands, each negro having 
been promised a white wife and freedom as well as jilunder. 
They burnt all before them, the houses and the people in 
them, killing men, women, and children without opposition, 
and advanced three miles within the English quarters to 
St. Nicholas Town where Mrs. Jordan, a gentlewoman of 
good reputation, endeavoured by flight to save herself with 
three or fom' children, bu.t the whole party was forced back 
by the French soldiers into their owti house and bu.rnt. 
Lieutenant Hoskins perceiving a negro ready to set fire 
to St. Nicholas church cut off his head and so put a 
temporary stop to the rest of the negroes, but General De 
la SaUe advancing with two " Religious," Iloskins with 
his men retu-ed into a thicket near the Church and at 
one volley killed the General, the two " Religious," and 
several others. After a pause the French again advanced, 
and though Hoskins and his men fought with great 
bravery they were overpowered by numbers and all put 
to the sword, and all the next day the French continued 
burning and killing. While this was going on Colonel 
Morgan went to Governor Watts, " whom he found in his 
gown and slippers in his o^vn house," and presentiug a 
pistol to liis breast called him coward and traitor and 
swore, buccaneer like, to shoot him if he did not immediately 
'' fall on." Upon which the forces from Nevis advanced 
to the French Quarter near Sandy Point where a garrison 
of 200 well armed men received them with much resolu- 
tion. After much hard fighting the English obtained 
possession of this post, but Governor Watts coming up 
with 200 or 300 men fired at both French and English, 
killed 4,0 or 50 English and shot Colonel Morgan throush 



liv PEEFACE. 

both tliighs and was himself shot througli the head. 
Another account says that most of the buccaneers were 
killed or wounded and the Irish in the rear " (always a 
" bloody and perfidious people to the English protestant 
" interest) " fired volleys into the front and killed more 
than the enemy of our own forces. Most of the officers 
fell, Colonel Morgan shot in both legs and mortally 
wounded, Governor Watts, Squire Darcy the Royal African 
Company's factor, and many more killed. The main body 
of the Erench then pushed forward ; thousands of women 
and children with great shrieks disheartened the rest of 
the English, some of whom saved themselves in boats 
while others made the best terms they could with tlie 
enemy. After this the English made but little opposition, 
being betrayed into submission by Colonel E-eymes, who 
made them believe the Erench had 2,000 fresh men landed 
at Basseterre, in Avhich villany he was seconded by Colonel 
Lovering and Lieutenant Clarke, so that the enemy who 
at first implored mercy were now entreated to show pity, 
and by Thursday night the Erench were masters of the 
whole island and of twice the number of prisoners as 
themselves, and set up their flag in Charles Fort. Numbers 
were sent off to New England and Virginia and about 
1,500 to Nevis, " this little spot being now a mere hospital." 
Squire Darcy behaved gallantly and was killed at head of 
his troop of horse. This relation was had from Squire 
Warner, Squire Austen, and other considerable persons of 
Antigua, and is also taken from a letter from Erancis 
Sampson, Secretary of Nevis (1212, 12M, 1220). 

There are several other accounts of the loss of St. Kitts 
in which the conduct of Governor Watts is very diff'erently 
spoken of. Governor Lord Willoughby gave no credit to 
the accounts of Governor Watts' cowardice, and told 
Charles II. he behaved very well. Lord Willoughby in 



PREFACE. Iv 

Ills report to tlio King said that the Prench, better supplied 
and better instructed, surprised the English, destroyed all 
with fire and sword, and had become masters of the wind- 
ward half of the island. Though suppKed w-ith a trained 
band of 1,000 men the alarm caused the English of the 
leeward side to advance into Erench ground where they 
met with a rery hot reception, the privateers who fought 
stoutly lost most of them their lives and the Governor w^ho 
behaved very well and received five wounds was kiUed. 
The fighting of the planters could not be at all commended. 
It appeared that the Ercnch beat up their outguards and 
so fell in pell mell among the planters with fire and sword 
and quickly became masters of that part of the English 
ground, which struck such terror into the rest on the other 
side of the island that they gave it up without a stroke 
(1201-5). Lieut. -General "VYilloughby, nephew to Lord 
Willoughby, in his letter to Williamson says, that the loss 
of St. Klitts was through the cowardice and treachery of 
Lieut. -Col. Lovering, who most dishonourably cut down 
the King's flag, of Colonel Eeymes, and others (1273). 
Margaret, the widow of Governor "Watts, in a letter to Sir 
William Darcy at Whitehall told him that " her dear Watts 
" and Sir William's son, patricians both, fell ia one hour," 
and that though there were above 1,600 well armed men 
theu' treacherous officers would not suffer them to fight 
but cowardly surrendered to the Erench, and she and her 
fatherless child were forced to fly for their lives without 
enough to buy provisions. She described her sufferings 
in Nevis where she met with Jol)'s friends who said her 
husband was the traitor that had sold the island and they 
hoped he was ere this in hell. She was kindly welcomed 
at Barbadoes by Lord Willoughby who " threw it aside " 
as not to be credited of a man who received so many wounds 
as Governor W'atts, and yet fought on to the last gasp. 



Ivi PREFACE. 

All accounts agree as to the conduct of Colonel Reymes. 
He told his men he would make as honourable terms with 
the Prench as ever they had with the English and wrote 
to the French General craving submission, and it is said 
had not so much honom* as to demand the corpse of his 
commander which he hoped would appease theh' wi-ath, 
All who Avould not take the oath of allegiance to the 
French King fled oft' the island, bvit most of the rich ones 
valued theu' money above their God and stayed with 
Eeymes who conducted the enemy to the English quarters, 
took down the English and put up the French flag. This 
is the account given by the widow of Governor Watts 
(1206). Another account says, whether by the treachery 
of Watts or his too much forwardness or the cowardice 
and treachery of other commanders, as Colonel Eeymes 
and Captain Nicholas Taylor, the island is now possessed 
by the French. On seeing the English force, which was 
three if not four times the number of their own, the 
French concluded to send for conditions, but before they 
could do so, a flag of truce was scut by the English which 
was received with no small alacrity, and they laid down 
their arms before they were scarce demanded (1214). The 
articles of surrender are dated 11th April 1666 (1180). 

Some inhabitants of St. Kitts, who afterwards came to 
England, reported to the English Government that the 
island was lost through the cowardice and indiscretion of 
the Governor and those chiefly entrusted there (1278). 
Sir John Knight told Secretary Lord Ai-Hngton that St. 
Kitts was betrayed by the Governor, who was thereupon 
pistolled and killed by Colonel Morgan ; and that Colonel 
Eeymes and some of the chiefest of the island had revolted 
to the French and possessed thek estates (1257, see also 
1254) . The cruelties of the French were loudly condemned 
in England, and " the country was vehemently exasperated 



PREFACE. Ixvii 

Roclielle witli seven ships and near 1,500 passengers and 
soldiers to recover and assert the title of the Erench, as 
well to St. Lucia as to Cayenne, Canada, and other places 
(S87, 891.) Soon after his arrival Lord Willoughby wrote 
to Tracy explaining that in settling St. Lncia he had given 
particular directions to treat any Ercnch that might he 
on the island with respect, that they were thought to he 
but few dwelling there for fishing and hunting and not 
intending planting or settlement, and he pointed out that 
the island, belonged by ancient title and occupation to 
the English, though it had only lately been taken under 
the immediate protection of the King (801.) Lord Wil- 
loughby told Sec. Lord Arlington that he hoped the King 
would not surrender St. Lucia to the King of France, " so 
" um'casonable a demand," for that danger was to be ex- 
pected from the Erench in the West Indies, and it was 
quite necessary to consider how to become masters of the 
rest of thcu- island (822.) In reply to which Lord Wil- 
loughby was directed to make his party there as good as 
he could, "as the season for defending his Majesty's right 
" to that island might come ere long" (991.) So in 
March 16G8, Lord WUloughby finduig it an impossibility 
to reduce the Indians of St. Vincent and St. Lucia by 
force, concluded a treaty witli them, in which they wore 
for ever afterwards to acknowledge themselves subject to 
the King of England, friends to all in amity ^dth the 
English and enemies to their enemies (1717, 1741.) 

Edmund Waller was appointed by King Charles, soon The poet 
after his restoration, one of the Council for Eoreign Planta- ^'^^^^'■• 
tions, and also one of a committee of three to write letters to 
Governors (3). To his son, Edmund Waller, junior, of 
Beacoustield, Bucks, Charles II. gave a grant of the island 
of St. Lucia for iifty years from November, 1G63, on pay- 
ment of the yearly sum of 3/. 6a'. Sd. to the King (592). 



Ixviii PREFACE. 

Ill a letter from Dr. Henry Stubbs, the King's physician 
for Jamaica (237), in which, at Sec. Bonnets' request, he 
gives his opinion as to Capt. Langford's design upon 
Tortuga, lie ridicules the proposal, and says that when 
Langford went with Col. Barry certainly Sancho Panza 
with better conduct regulated himself at the island of 
Barataria, and that Sir Charles Lyttelton could inform Sii- 
Hemy Bennet of that noyel (819).^ 
St. Vincent. ^g ^^ g^_ Vincent, Lord Willoughby entreated the King 
not to make any grants interfering with his, and that if 
that island had been granted to some Scotchmen his 
Majesty would retract it, lest it should be the cause of 
trouble with the Indians, a jealous people, with whom a 
league of friendship had been made to gain them over 
against the French (578). Charles II. told Lord Wil- 
loughby, in reply, that St. Vincent had not been granted 
to anyone, nor should any islands under his lordship's 
command be disposed of without his being first consulted 
(628). 

St. Vincent is described as about the bigness of Barbadoes, 
and covered with wood; inhabited only by Indians and 
Blacks^ who acknowledged themselves subjects of the 
King of England. The Indians were so tiu'bulent and active 
that Enghshmen must always be among them to put them 
upon some warlike design against some nation on the main, 
the better to divert them from acting any mischief against 
the English Colonies, for the French were frequently 



1 T. Slieltou translated Don Quixote into English in 1620, about five 
years after the publication of the first complete edition in Spanish. A trans- 
lation into French by C. Oudin was published at Rouen in 16-16 [Brit. Mus. 
Cat.] The earliest edition quoted by Brunei in his Manuel du Libraire 
is dated 1696. Smollett's translation was published by subscription in 
1755. 

2 Two Sp.anisii ships were wrecked at St. Vincent from which Negroes 
escaped to that island (1661). 



PREFACE. Ixix 

among tliem and ready to invite tliem to breacli and 
blood. So tliey had to be furnislied with toys and strong 
liquors for a while (p. 587). 

Tobago was settled by the English about the year 1642, Tobago, 
but deserted in consequence of the trouble given by the 
Indians. It was again settled in 1646 by Commission from 
the Earl of "Warwick, who was then governor in chief of all 
the plantations in America, but was again deserted some ten 
years afterwards (1368). In November, 1664, Charles 11. 
formally granted Tobago to the Duke of Corn-land, his heu's 
and successors on certain conditions, one of which was that 
he suffered none but his own or the King's subjects to settle 
on the island ; and Lord WiUoughby was directed by the 
King to perform all friendly offices to the Duke's subjects 
and officers (854, 861). In 1665 Willoughby fitted out six 
vessels with 350 men -ndth the intention of taking 'Tobago 
from the Dutch ; but two small privateers, with the Gover- 
nor of Jamaica's Commission and only 80 men, under 
Captains Searle and Stedman, had taken the island some 
days before. They were resolved to pillage, but Lord 
WiUoughby came to an agreement with them for a planta- 
tion near the fort, where there were foiu- or five guns, and 
where he left 100 men till he should receive the King's 
fiu'ther pleasure. Lord WiUoughby solicited from the 
King a lease for 31 years of the island and all its profits, 
when he said he would undertake the setthng of it, but 
that if the King resolved to dispose of the island some 
other way, he desu-ed to be reimbursed his charges for the 
shipping and garrison. Tobago was then described as 
pretty well settled, and stocked with negroes, cattle, and 
horses; biit because Lord WiUoughby 's purse could not 
purchase them, the privateers untiled the houses and 
destroyed aU they could not carry away, " their custom in 
all places ; for they are all masters, and reckon what they 



Ixx PREFACE. 

take to be tlieir own, and themselves free princes to dispose 
of as they please." Eighteen sugar works were demolished 
and brought away with the copper and what else was good, 
and Lord Willoughby was obliged to give them liberty to 
sell their plimder at Barbadoes, to induce them to leave the 
fort and the Governor's house standing (1124-6). 

On 20th December, 166G, the King wrote to the Gover- 
nor or Commander-in-Chief of Tobago requiring him to 
deliver up possession of the island to the Duke of Courland, 
to whom the King had granted the same, to be by him 
planted and maintained for the equal benefit of his 
Majesty's subjects and his own (1359). 

The value and importance of Tobago, which is " one-thii'd 
larger than Barbadoes, and which in time might be made a 
better Colony," is described, No. 1658, as also a cm-ions 
custom which tlien prevailed in the Caribbee islands, that all 
Christian women, as weU free as slaves, paid lOOlbs. of 
sugar yearly ; head money was also paid by every inhabitant 
to help to support the charges of government and defence. 

Jamaica in the opinion of the Duke of Albemarle was 
one of the most hopeful of all the plantations in the West 
Lidies (1711). Lieutenant-General Edward D'Oyley was 
commander-in-chief there dm'ing the latter years of the 
interregnum, and on receiving news of the King's restora- 
tion he promised to use his endeavours to keep the peace, 
but that if not owned by some authority he should re- 
turn home for he was resolved " rather to ventm'c the fury 
" of the populace than to act without power." He said 
that the island had a sense of being deserted by their own 
country which filled the minds of the people with sad and 
serious thoughts, and he requested from Secretary Nicholas 
positive orders and instructions during his stay, " so that 
" he might not walk hoodwinked." He had then under 
his command nearly 2,000 officers and soldiers besides sea- 



PKEFACE, Ixxi 

men and the remains of a fai^ greater number, mostly 
gentlemen of good families wliom the jealousy of Crom- 
well banished thence.^ D'Oyley's Commission and in- 
structions from Charles II. are dated in February IGCl 
and although Lord Windsor was appointed Governor in 
the August following, General D'Oylcy did not leave 
Jamaica before the arrival of his successor a year after- 
Wards. The reason of his re-call appears in a report of 
the Council for Foreign Plantations to the King as does 
also the condition of the island and the King's opinion of 
it. Considering its fruitfulness, situation, and capacity 
of being made the most eminent plantation of all his 
Majesty's distant dominions, Charles II. cheerfully 
countenanced all overtures for rendering it more consi- 
derable and was resolved to provide for the security, sup- 
plies and improvement of the colony. So understanding 
that Governor D'Oyley Avas pressed by private aifair's to 
leave the island, to advance its reputation the King ap- 
pointed Lord Windsor Governor. D'Oylcy was Comman- 
der-in-Chief and Governor in Jamaica about seven years. 
Lord Windsor was scarcely three months in Jamaica, 
but ho was vested with the fullest powers and left the 
island in a contented and prosjierous condition. He took 
over with him a donative from the King, of goods of all 
sorts, and every encouragement to those who desired to 
settle, and also a good store of ammunition. He dis- 
banded the late army, divided them into five regiments, 
in all 53 officers and 2,030 men and modelled them 
into military discipline. lie settled all proceedings of 
law and erected an Admiralty Court. He prescribed a 
course for conferring plantations, houses, and land, and 
settled fees. He made laws for the encouragement of 
religious liberty and toleration, and excused Quakers from 

1 Col. Cal., 1574-1660, pp. 480, 485, 489. 



Ixxii Pr.EFACE. 

bearing arms on certain conditions. He called ia Priva- 
teers Commissions, endeavom-ed to reduce tliem to orderly 
rules and gave them commissions to take Spanish ships 
and hring them to Jamaica. In short, as Lord Windsor 
himself summed u\) his doings to the Secretary of State, the 
condition of Jamaica was quite altered tkrough his going 
there being before imder no civil government, and left by 
him regulated to the laws and government of England. 
And he left at his departm-e Sir Charles Lyttelton, [Deputy] 
Governor, " a fit and worthy person to the great content of 
" the inhabitants." In October 1663 Sir Charles said the 
island was in a much more prosj)erous condition than it 
had been li months before, especially as to its plenty of 
pro-^isions, which were cheaper b}- one half.^ 

Under Sir Charles Lyttelton who was Lieutenant-Gover- 
nor for about 18 months before Governor Modyford's 
arrival the people became obedient and industrious, but 
their settlements were scattered near 180 miles along this 
vast country. They were generally pleased mth Mody- 
ford's coming, and the more so as he was of the Lord 
General's [Albemarle's] recommendation, Avho once be- 
fore sent the fittest and worthiest man in the world [Lord 
Windsor, No. 744.] 

The most effectual means of suppressing or calKng 
in the privateers which at this time scoured the Carib- 
bean sea had long been a question of the most dif- 
ficult solution. Col. Lynch was of opinion that it would 
be but a remote and hazardous expedient and could 
never effectually be done without five or six men-of-war. 
Is^aked orders to restrain or call tliem in, he said, 
would teach them only to keep out of the port of Jam- 
aica and force them to prey upon the English as weU 
as the Spaniards. What compliance could be expected 

1 Nos. 132, a74-o, 379, 397, 566, 638. See also Nos. 324-5, 335. 



PREFACE Ixxiii 

from men so desperate and niimerons, that laad no other 
element but the sea, nor trade but privateering'. There 
were then about 1,500 of them in about twelve vessels who 
if they wanted English commissions could have French 
and Portuguese papers, and if with them they took any- 
thing they were sm-e of a good reception at New Nether- 
lands and Tortugas. And for this, he said, we shall be 
hated and cursed, for the Spaniards call all the rogues in 
these seas, of what nation soever, English. And this will 
happen though we hve tamely ia Jamaica and sit still and 
see the French made rich by the prizes, and the Dutch by 
the trade of the West Indies. We hope at last, added 
Lynch, to thrive by planting and are sui'e none of our 
inhabitants wiU now go to sea or follow another Mings, 
Those who were so disposed are long since gone (744). 

Sn Thomas Modyford arrived as Governor the begmning 
of June 1664 and was received with the utmost kindness. 
His flatterers said he saw more of the island in a fortnight 
than all his precedessors had seen dm-ing their reign. He 
brought nearly 1,000 persons with liim, and many more 
would have come had he had conveyance for them. They 
mostly belonged to " composed families," and were planting 
apace, having been set down where they desii-ed to plant 
and were well contented. Besides these people. Governor 
Modyford had to provide for the settlement of his own 
private family, consisting of 80 persons (767). 

The new Governor thought it more prudent to act to- 
wards the privateers by degrees and witli moderation than 
suddenly and with severity, hoping to gain them off more 
safely by fair means and reduce them to planting (767). 
So a few months later on he was able to report that 
upon gentleness towards them they came in apace and 
cheerfully offered life and fortune in the King's service 
(976). He gave them commissions to take Tobago from 



IXXIV PREFACE. 

tlio Dutch, and with two frigates and only SO men they 
accomplished their purpose and anticipated Lord Wil- 
loughby's fleet on the same errand from Barhadoes (1120, 
1276). 

Like all new settlements, for it had not then been ten 
years in oiu" possession, Jamaica was daily changing, and 
those who in 166i knew it only two years before, were stran- 
gers, to the then altered state of affairs. The government was 
then described as "plain and agreeable" and so were the laws 
and their execution, all suits being determined in six weeks 
with '30s. or 10*. charges. The people were contented and 
generally easy to be governed, yet rather by persuasion 
than severity. Privateering had let out many ill humours 
and those that remained were thriving, peaceable, and in- 
dustrious. Even the Spanish negroes who had so long 
disquieted the inhabitants submitted to his Majesty's 
authority. There were then only seven established parishes 
in Jamaica and but one church at St. Kathcrine's, an old 
ruined Spanish church lately repaired, but contriljutions 
were being levied to raise churches in some of the richest 
parishes ; there Avere five ministers, Mr. "Webb, Mr. Johns, 
an old army jn-eacher not in orders, ISli: Maxficld, and 
two Germans, MM. llouser and Sellers. Pive good regi- 
ments as we have seen had been raised Avhicli nuinbered 
2,500 men, and two more Avere forming. Scarcely any place 
near the sea was then unsettled and many had gone to the 
mountains, which were most healthful and fruitful. Sugar, 
ginger, indigo, cotton, tobacco, dyeing woods, and cocoa 
Avere produced in Jamaica as avcII as anywhere, but there 
were numerous other commodities, the best building timber 
and stone in the whole world, great plenty of corn, potatoes, 
yams, cattle, horses, foAvl, sheep, fish, and pasturage. In 
short nothing Avas then Avantiug l)ut mure hands and coavs 
(blO-Slf). The best sugar works made between 20,000 



PREFACE. Ixsv 

and 30,000 (lbs.) of sugars a week whicli sold for 50 per 
cent, beyond Barljadoes sugar (620). In a long report to 
tlie Secretary of State Gov. Modyford pointed out by 
drawing a parallel between Jamaica and Barbadocs bow 
the King's revenue migbt be considerably increased in 
Jamaica. Barbadoes contained 100,000 acres and loaded 
10,000 tons of shipping. In Jamaica tbere were 7,000,000 
acres. Princes, said tlie Governor, that go not forward 
go backward, and their royal growtli is safest wben least 
joerccptible. The well filling this navel of the Indies, as 
the Spaniards call it, may notably further this growth 
(739). 

John Style, in a letter dated July 1665, to Secretary Lord 
Arlington, his fellow student at Chi-ist Church, Oxford, 
said he conceived Jamaica in all things exceeded England. 
He had landed there only tlie month before. The climate 
was most healthy, and the heat, by reason of the constant 
breezes, most temperate, " so that it was not the country 
" but the deboistness and intemperance of the people that 
" brought evil report upon it." He found the island so 
good and so profitable that he wovdd have resolved to end 
his days there had he not had many engagements in Eng- 
land, but he sent for two of his sons to bring grain from 
thence, with ploughs and tradesmen of all sorts. He also 
Eent advice to some farmers and husbandmen to trans- 
port themselves, but doubted whether it would be followed, 
for he remarks, such men are generally of the Israelites 
temper ; they had rather sit by their flesh pots in Egypt, 
though with slavery and penury, than travel into the laud 
of Canaan. A master of his trade of husbanchy with 100/. 
stock could live in Jamaica in greater plenty than his land- 
lord in England with 100/. or 200/. per annum, and in a 
few years, with industry and temperance, acquire many 
hundred pounds estate (1023). 



Ixxvi 



IV. Our 

possession 
in Africa. 



Eoyal 

Afi-ican 

Company. 



Forts and 
factories i 
Africa. 



Lieut.-Col. Lynch, who was afterwards Grovernor, com- 
plained about this time of the bad arrangements made for 
many of the people who came to settle upon the island. 
They arrived very poor, and went into the woods without 
provisions, and there fell sick for want of shelter and food, 
and then he said the country must be blamed for their 
want and improvidence, people not remembering that air 
could not have maintained Adam in Paradise if God had 
not planted for him a garden. But whatever any might 
say, it was an excellent island and would certainly become 
a considerable addition to liis Majesty's dominions (934.) 
"We leave Jamaica in 1668 in a very thriving condition, 
and growing rich by privateering and the produce of the 
coimtry (1892). 

There are many papers in this Calendar relating to Saba 
and St. Eustatius and their capture from the Dutch ; to 
Curasao, Guadaloujie, and Hispaniola ; to Santa Cruz, also 
called St. Croix, and described under both names in John- 
stone's Gazetteer; and to Tortuga. All these islands 
belonging to France, Holland, and Spain, may readily be 
referred to in the index. 

IV. Our Possessions in Africa. The Patent of the Royal 
African Company is dated 10th January 1663, and includes 
the names of " our Ptoyal Consort Queen Katherine, Mary 
" the Queen, our mother, our dearest brother James, Ditke 
" of York, our dearest sister Hemietta Maria, Duchess of 
" Orleans," Prince Paxpert, Duke of Buckingham, Duchess 
of Ilichmond (408.) The stock was 120,000/., of which the 
King himself was a large holder (902, 1111.) Under the 
special management of the Duke of York the Company 
employed in one year above 40 ships, sent out above 
160,000Z. in cargoes, plentifully supplied the coast and 
fm'nished all the plantations with negro servants. They 
had built many forts and established many factories in 



PREFACE. Ixxvii 

Africa, and had no Eiu-opean rivals but the Dutch, who, 
it was complained, endeavoured to drive them from the 
coast, followed their ships from port to port, and hindered 
the English coming near the shore to trade. It was also 
asserted that the Dutch persuaded the negroes to destroy 
the English Company's servants and take theii- forts, and 
that they violently seized their boats and goods, took pos- 
sesion of Cape Coast and shot at his Majesty's flag (618.) 
The House of Commons, on a report of the Committee of 
Trade, resolved that the wrongs, dishonors, and indignities 
done to his Majesty by the subjects of the United 
Provinces, by invading his rights in India, Africa, and 
America, and the damages, affronts, and injiu'ies done by 
them to our merchants are the greatest obstruction to our 
foreign trade, and that the House would support the King 
with life and fortune against all opposition, and a con- 
ference was desired with the Lords (702). 

In proposals for re-settlement of the Company, there Cape Coast 
is an accoimt of theh" posts in Africa. The Castle of Cape 
Corso, or Cape Coast Castle, was to be the head factory and 
residence of the Company's Agent for the whole of Africa 
(407.) Two years after their incorporation the African 
Company presented to the King a narrative of their trade 
and condition, showing the factories they had settled and 
fortified by consent of the natives on the north side, " not- 
withstanding the machinations of the Hollanders," from 
which they expected to derive a yearly return to the value 
of 100,000Z., and on the Gold Coast, from which the Guinea. 
Company asserted they might have expected, if they had 
not been disturbed by De Ruyter, to the value of 200,000^. 
in gold, and above lOO.OOOZ. in servants [negroes] for the 
plantations, besides a trade at Old and New Calabar. It 
was declared that the whole trade of the Eoyal African 
Company would produce greater profit than any other 



Ixxviii PREFACE. 

managed by the King's subjects, and this had induced 
them to enlarge their stock from 17,000Z. to 120,000^. 
Thfcir eiiects in January 1G65 were estimated to be worth 
273,807/. (902-3.) As an encouragement to the Company 
the King by warrant directed the master and worker of 
the mint to cause all gold and silver brought to the mint 
for the use of the lloyal African Comimny to be coined 
with a little elephant thereon, as a mark of distinction 
from the rest of his Majesty's moneys (615). 

There is no lack of information in this volume about 
slavery and the slave trade, which will be found under the 
word Negroes in the Index. Negroes were at this time 
considered to be the strength and sinews of the Western 
world (577), the very being and most useful appurte- 
nances of the American plantations, which depended for 
their works upon the supply of negroes Avho were perpetual 
servants (618, 756, 701). Their price varied according to 
the Plantation at which they were delivered. At Bar- 
badoes the price of an able bodied negro Avas 17/. ; at 
Antigua negroes were worth 18/. each, while at Jamaica 
the Eoyal African Company demanded 19/. apiece. They 
offered to furnish the Governors of those islands annually 
with negroes at the above prices, but with a reduction of 
1/. per head to any oiie contracting for a whole sliip load, 
on paying one fourth of the price in advance, "with security 
for the remainder (107). Sir Thomas Modyford told the 
African Company that in Barbadoes their negroes sold for 
2,400 lbs. of sugar per head, which at 2c/. per lb. would 
be 20/. each, while the price the Company put upon negro 
boys and girls was from 12/. to 15/., " though it would 
" have been well to express their age." The ship Speed- 
well arrived at Barl)adoes in 1661, Avith 282 negroes, who 
had greatly lost in value owing to small-pox breaking out 
among them, a not unfrequent occurrence. A fee of one 



PREFACE. Ixxix 

sliilliug a head was received hj tlic doctors for inspecting 
a cargo of negroes (689) . Dr. La Eouse, chief physician 
in Barbadoes, certified to a great mortality among them', 
caused by a malignant distemper throixgh so many sick 
and " decaying " negroes being thronged together, and 
furthered by small-pox in Capt. Carteret's ship, so that 
men refused to buy them, and a surgeon to Avhom 20 
were sold at a low rate lost every one (693). In the 
answer to a petition of the Representatives of Barbadoes 
to the King praying for free trade for negroes on the coast 
of Guinea, or else that the lloyal Company be obliged to 
sujiply them at the price mentioned in their first printed 
declaration, Sir Ellis Lcightou, Secretary to the Com- 
pany, asserted that they never desired more than 111. per 
head in times of peace (1GS0-16S2). Negroes in Jamaica 
fetched 20^. a head, for at this price Governor Lord Wind- 
sor, in accordance with the King's instructions, contracted 
with the Eoyal Company for a supply within an ap- 
pointed time (287, 766). Charles II. granted license to 
Spanish subjects in America to purchase supplies of 
negroes from the Caribbce Islands and Jamaica on pay- 
ment of a duty of ten pieces of eight for every negro, 
Avhich at the rate of four shillings sterling per piece of 
eight, was equal to a duty of 21. (-116, 585). 

An Act was presented to the Assembly of Barbadoes 
recommending to the several ministers in the island the 
christening of negro children and the instruction of adult 
negroes (587). In Virginia an Act was passed in 1667 
that negroes were not made free by baptism (1585). In 
Jamaica Juan Luyola and other negroes, on accoimt of 
their submission and services to the English, had plots of 
lands granted to them, and Lieut. -Gov. Sir Charles 
Lyttelton by proclamation declared that they should in 
consequence enjoy all the liberties and pri^-ilegcs of 

M600. £ 



Ixxx PREFACE. 

Englishmen, but tliat they must bring up theii' children 
to the English tongue. Luyola was appointed colonel 
of a black regiment of militia, and a magistrate over 
negroes, to decide all cases except those of life and 
death (412). The pvmishment inflicted upon negroes in 
Jamaica for stealing theii- masters' goods -vvas to be " mo- 
" derately whipped " and committed to the custody of the 
Provost Marshal. Ajij convicted of mutiny were to be 
sold by theu- masters or sent off the island (182, 573). 

A remarkable instance of valour and fidelity is exhibited 
in the person of a negro named John Cabessa at the time 
Avhen the Royal African Company's forts and factories 
were attacked by the Dutch imder De Euyter. Goree had 
been sm'rendered to the Dutch Admiral with aU the 
company's goods. The English factory at Sataloue had been 
disabled. The great stronghold of Tacorady was taken by 
1,000 negroes belonging to the Dutch, the town burnt, 
and Castle de Mina blown up, " sti'ipping the English 
" naked." Then De Euyter sailed to Cormantin, thinking 
with 700 men and his 1,000 negroes to have landed, but 
here he was repulsed by John Cabessa. So De Euyter 
went to Anamabo which he blew up and after making an 
agreement -with the Eantees marched back to Cormantin 
with 10,000 men and with three ships began to batter the 
Castle. Upon their arrival John Cabessa and his men, 
unable to battle against such a force, made good then* 
retreat into the Castle. The English are said to have done 
but Kttle in their o-oti defence and very soon to have hung 
out a flag of truce. This so mortified and em-aged Cabessa 
that after cutting off the head of the man who did it, he 
with his own hanger cut his o\vn tlnoat. The English 
yielded up the Castle -without any articles, but the Dutch 
gave quarter, put out the Prince of Orange's colours and 
blew up Cabessa's house. We arc told that Cabessa was 



PREFACE. Isxxi 

truer to the Englisli than were any of His Majesty's 
subjects there. He had preserved the Castle from many 
dangers and intended to have gone to England to see King 
Charles. A great reward was offered by the Dutch for the 
head of Cahessa, but the blacks were not to be bribed and 
they buried theii- hero at Old Cormantin (98G). Thus the 
English and the Dutch were rivals in Africa as they had 
been in India, and were also at this very time in America, 
and many forts and factories Avere in the possession some- 
times of the one, sometimes of the other. It can therefore 
scarcely be said with historical accuracy, that the English 
have turned the Dutch out of places which belonged by 
right and title to them, when the original possessors were 
the English themselves (iOS, 737, 780, 954). 

One cannot but be struck during the earlier years of 
Charles II.'s reign not only with the rapid advance and 
prosperity of those of our Colonies Avhich had already been 
partially settled, but also with the establishment and 
the gradual though certain development of many other 
Colonies and Plantations. The spirit of enterprise and 
the desire for colonisation appear to have been almost as 
strong at that period as in the days of Elizabeth and James. 
Look at the efforts of the Lords Proprietors Albemarle, 
Ashley, Berkeley, Clarendon and others to colonise Caro- 
lina, which turned out after a little experience eminently 
successful; see the dash and the pluck of " Dick Nicolls" 
at New York who, though a groom of the King's bedcham- 
ber, showed Dutchmen as well as Englishmen that he was 
an able general and a good governor ; the love of ad- 
venture of Lord Willoughby who at his own expense of 
nearly 20,000/. settled a colony of 4,000 inhabitants 
in Surinam, though it was afterwards taken from him 



Ixxxii PREFACE . 

by the Dutch during tlic svaw^ In Africa too, Englishmen 
secured a footing and made settlements in many places 
in spite of the hostihtics of the Dutch. In the West Indies 
there were Lord Francis, and then his brother Lord Wil- 
liam "Willoughby devoting their best energies to con- 
solidate the settlement of the Leeward Isles of Antigua, 
Montscrrat, and Nevis, and " that rare pearl in the Bang's 
" Crown"- Barbadocs. See also what D'Oyley, Lord 
Windsor, and Sir Thomas Modyford did for Jamaica and 
how these islands in spite of the attacks of both French 
and Dutch on some of them, developed in wealth and 
prosperity. Look again at the valorous old buccaneers 
and the young ones too ; their deeds though scarcely in 
accordance Avith law and order — by the Avay then- commis- 
sions were not unfrcquently signed by English Governors- 
remind us of the doings of Hawkins and Drake, and they 
certainly displayed as grand a spirit of adventure and as 
much pluck and cndm-ance as their great naval predeces- 
sors; the name of Morgan is synonymous with valour. 
Surely it may be said with truth, that in these early years of 
Charles II's reign some glory was reflected upon England 
through her Colonies, and that in these eight years of our 
Colonial History shine forth some brilliant examples of 
Englishmen in the persons of the Governors appointed by 
Charles II. The brothers Willoughby in Barbadoes, 
D'Oyley, Lord Windsor, Sir Thomas Modyford, and Sir 
Charles Lyttelton in Jamaica, Sir William Berkeley in 
Virginia, of which Colony he was 36 years the King's 



1 Willoughby regained possession of Suiiuam but the King strictly com- 
mandert him to restore it to the Dutch. Sec the King's letter and Lord 
"Willoughby's answer, Nos. 17S5, 18o4. 

- All the Kings in Europe have not such a precious and rare pearl in their 
Crowns, Ko. 1284. 



PREFACE. Ixxxiii 

Governor, Sir Thomas Temple, " honest Tom Temple," in 
Acadia and Nova Scotia, Richard Nicolls in the newly 
conquered Colony of New York and the veteran Sir Thomas 
Warner in the Leeward Islands, of all of these historical 
biographies of value might he written and read with pride 
by their countrymen. 

My best thanks are due to my colleague J. E. Ernest 
S. Sharp, Esq. for his valuable assistance in making the 
abstracts in this volume. 

W. Noel Sainsbuky. 

15th April ISSO. 



COLONIAL PAPERS. 

AMEEICA AND WEST INDIES. 



1661. 

Jan. 2. 1. Minutes of the Council of Barbarloes. Present Colls. Daniel 

Searle, Thomas Ellice, John Yeamans, James Browne, and Edmd. 
Reade, Sir Richard Pearce, and William Kirton. The Provost Mar- 
shall to arrest Col. Thos. Modyford, on an impeachment of high 
treason exhibited by John Jennings, who is directed to bring his 
evidence against Modyford, within three weeks, in the meantime 
Modyford is to reside on his own plantation in custody of the 
Marshall. In accordance with Lord Willoughby's commands, it is 
resolved to suspend those of the King's Patents for offices, which 
seem rejtugnant the one to the other, until His Majesty's pleasure is 
further known, taking in the meantime a perfect account of the 
fees received. Names of the freeholders returned as burgesses to serve 
in the General Assembly — Major John Frere and Cap. Christopher 
Carew, for Christ Church parish ; Colls. Thos. Modyford and John 
Birch, St. John's ; Constant Sylvester and \Vm. Bynion, St. George's, 
Coll. Wm. Fortescue and Capt. Hugh Powell, St. Philip's ; Major 
Philip Bell and Capt. Ed. Thornburgh, St. Michael's ; Major John 
Standfast and Cap. Wm. Porter, St. James' ; Cap. Edmund Brainston 
and John Price, St. Joseph's ; Lt.-Coll. Symon Lamliert and Cap. 
Sam. Tidcomb, St. Lucy's ; Samuel Farmer and Thomas Peade, St. 
Thomas' ; Lt.-Coll. Richd. Bayly and Cap. Saml. Rolleston, St. 
Peter's ; and Cap. Richd. Andrews and John Somerhay, St. Andrew's ; 
Committee appointed for expunging out of the books all Acts, 
against the authority of the King's Majesty. The order concerning 
Coll. Modyford to remain in force. 3 pp. [Col. Entry Bk., Vol. XL, 
pp. 38-40.] 

Jan. 6. 2. John Dooke to Mr. Lowrie. Ai-rival of one Nutmaker, but 

Barbaeiocs. no letters from him or John Foster. Owing to " the sad time of 
rains," very little work had been done latterly, but now that the 
rains were nearly over, and the courts coming on would lose no 
opportunity of getting in goods. Hopes Lowi'ie has received the 
houses at Farmstage, according to his bargain with Mrs. Dooke. 
1 p. {Col. Papers, Vol. XV., No. 1.] 

Jan. 7. 3. Minutes of the Council for Foreign Plantations. Philip Froude 
to provide officers and defray charges of this Council, and to be 
answerable for persons to be employed at the salary appointed in 
his Commission of 800?. a year. Sir Anthony Ashley Cooper, 
Mr. Boyle, Sir Peter Leere, Sir James Drax, Col. Venables, Messrs. 

M 603. Wt. .'■|447. A 



COLONIAL PAPERS. 



1G6L 



Waller, Povey, Diggs, Colleton, Noell, Kendall, Middleton, Jefferies, 
Watts, and Howe, or any four of them, appointed a Committee to 
meet at Grocers' Hall, and inform themselves of the true state of 
the Plantations in Jamaica and New England, and to prepare such 
overtui-es and propositions as maj' be most fit for the King's service 
and the advantage of those Plantations. Messrs. Denham, Waller, 
and Povey, Clerk of this Council, to be a Committee to wi-ite letters 
' to Jamaica, the Caribbee Islands, Virginia, kc. The Lord Treasiu-er 
to be requested to jiresent to the King the advice of this Council to 
agi-ee with all who have propriety in any of the Plantations, prevent 
same for the future, and take them all into his own hands. 1 2^- 
[Col P(qKi'8, Vol. Xir., Xo. 59, ^J. 8.] 

Jan. 10. 4. Commission to Kichard Povey, appointing him Sec, and Com- 
WestininstLT. missary and Steward General of Stores in Jamaica. To exercise 
these offices by himself or his sufficient deputy, approved of and 
sworn by the Governor or Council, and to receive such fees, allow- 
ances, and advantages, as have been enjoyed by any Sec. of 
Barbadoes, or Commissary and Steward General in Jamaica ; he is 
also appointed a member of the Council. Certified copy by 
Benjamin Smiih. [Col Entry Bl:, Xo. 27, p/). 1, -2.] 

Jan. 14-2-3. 5. Minutes of the Council for Foreign Plantations. The Com- 
inner Court mittee appointed to report on the condition of Jamaica and New 
of Wards. England, not having sufficiently informed themselves of the state of 
New England, made a report of Jamaica only, by ill-. Povey, which 
was ordered to be exhibited in writing and propositions prepared to 
the -King. For repairing and strengthening the forts, especially 
Cagway; for pro\-idLag an orthodox Ministry; for considering a 
mixed Commission for the Governor or Commander-in-Chief to 
employ the army there in jilanting as well as in other duties ; for 
raising 3,000?. for that Island, and what commodities are the fittest 
to be sent there ; and for the distribution of land and rules for 
planting. Letter read by Mr. Povey for Barbadoes, and as a 
pi-ecedent for the other Plantations to be brought in on Friday 
(18th) with the amendments now made, and directed to the Gover- 
nor and Coimcil of Barbadoes for the time being. 

Jan. 21. — Adjourned from the ISth. Report of the Committee 
appointed to sit at Grocers' Hall concerning the condition of Jamaica 
and New England read, but as it appeared that the Committee had 
not had time or opportiuoity to be thoroughly informed of New 
England, ordered that the first paragi-aph of said Report be entered 
when the whole is finished. 

Jan. 24. — Letter read by Mi-. Povey for Barbadoes, an addition 
brought in by Sii- James Drax ordered to be made. Committee 
appointed to give the King an accoimt of what hath passed con- 
cerning said letter for Barbadoes, and to know his pleasure. To be 
added to the report of Jamaica that no English .ships may take any 
of the Indians prisoners, and that the Duke of York take order 
therein. Messrs. Denham, WaUer, and Povey to draw up a letter 
for Jamaica. 



AMERICA AND WEST INDIES. 



1661. 



Jan. 23. — Report to the King concerning tlie letter to Barbacloes 
agreed to, as follows : — That while they were despatching this 
letter they were informed of the King's pleasure to leave the direc- 
tion [of said letter to himself, which occasions them humbly to 
addi-ess his Majesty, as they conceive it improper, if not impossible, 
to frame a letter which requires several things to be done without 
some knowledge of who shall do them, and there being but two in 
view, a popular Governor, and the other, under his Majesty's autho- 
rity, they thought it most fit to assert his Majesty's government 
there, being induced thereto by two letters of his Majesty [see Col. 
Papers, Vol. XIV., No. 18]. This Report to be presented by the 
Earl of Portland, and any of the Committee may speak to the sense 
thereof, but nothing contrary thereto : also to propose the sending 
1,000?. in brandy by the ships now bound for Jamaica; and to 
move the King to give directions to the Duke of York that no 
vessels under his command take Indians prisoners or do them any 
injm-ies whatever. 3i pp. [Col. Papers, Vol, XIV., No. 59, 
pp. 9-12.] 

Jan. 2.5. 6. Col. Tho. Modyford to the Duke of Albemarle, his kinsman. 
B.irbadoes. Sends copy of his last, since when his enemies have exhibited 
articles against him and called them high treason, about which they 
have had two hearings before the Comicil, and failing in the proofs 
of all other matters, insist chiefly on his putting in execution that 
commission which through his Grace's favour was sent to him. 
Mr. Skipwith, the bearer, will give account of all transactions, the 
temper of the people in relation to their present Governors, and the 
great oppression Col. Modyford's innocence lies under. On same 
sheet. 

Col. Modyford to Duke of Albemarle. The King's letter of 
2.3rd June last arrived on 17th inst. Dec, coimuanding the 
obedience of the inhabitants to Lord Willoughby as Governor 
and Proprietor. And although Modyford was sufliciently in- 
formed that long after that time his Majesty had laid aside the 
proprietorship, and had on the 21st Oct. last promised not 
to remove Col. Modyford from the government, yet he thought 
it his duty to resign the government to Col. Walrond, who was 
by said Lord Willoughby appointed President. Is in some 
measiu'e disappointed of the opportunity to do his Majesty 
service. Indorsed, " His resignation to Lord Willoughby. 
Read in Council March 27, 1667." 1 j). [Col. Papers, Vol. 
XV., No. 2.] 

Jan. 26. 7. Warrant for regulating the Newfoimdland fishery, with addi- 

Westminster. tional powers. These regulations are the same as those which were 

proposed by Attorney Gen. Noye, and approved by an Order of 

the Court of Star Chamber, 24th Jan. 1634 [see Col. Pajpers, 

Vol. VIII., No. 1.], with this addition. No master or owner to 

transport any persons to Newfoundland that are not of his ship's 

^ company. '^ pp. [Col. Ent. Bk., Vol. LXV., pp. m-M.} 

Westminster. 8. Copy of preceding. [Col. Papers, Vol. XV., No. 3.] 



I. COLONIAL PAPERS. 

166L 
Jan. 28. 9. Minutes of the Council for Foreign Plantations. Ordered 
that the Address to the King concerning the letter to Barbadoes and 
the reasons for this Council's ])roceedings therein, be printed by the 
Earl of Portland or Lord Roberts, but not to be tied to the words of 
the same, i p. [Col. Papers, Vol. XIV., No. .59, pp. 12-13.] 

[Jan. 20.] 10. Petition and representation of John Clarke on behalf of the 
purchasers and free inhabitants of Rhode Island, and the rest of 
tlic Colony of Pro^-idence Plantations, in the Nan-agansett Bay, in 
New England, to the King. Describes the cause and manner of their 
first going forth from Old to New England, the perils they have 
gone through in settling and planting their Colony, the encourage- 
ment which they received from the late King who in 1644 granted 
their charter, and the loyalty with which his Majesty has been volun- 
tarily proclaimed throughout the Colony. Prays that they may 
not only be sheltered under the wing of his royal protection, but 
that they may be quietly 'permitted to flourish in their civil and 
religious concernments with freedom of conscience to worship the 
Lord their God. Indorsed, Reed. 29th Jan. KiGl. See (dsv Xo. 18. 
1 2^- [OoL Fapers, Vol. XV., No. 4.] 

Jan. 29-.31. 11. Minutes of the Council of Barbadoes. Present: Coll.s. 
Humphrey Walrond, President, Col. Henry Shelley, and othere {see 
Xo. 1). 'After hearing John Jennings on behalf of the King, 
against Col. Thos. Modyford, and finding that Jennings relying on 
Modyford's confessions had dismissed his witnesses, ordered that 
there is not enoiigh in those confessions to wan-ant Modyford's 
" straighter confinement," but that good bail be taken for his appear- 
ance, and further time given to Jennings for producing his witnesses. 
1 p. [Col. Entry Bk., Vol. XL, p. 41.] 

Jan. 30. 12. Minutes of the Council for Foreign Plantations. Sir James Drax 
Inner Court of and Messrs. How and Jefleries to take care of the provision of 1,000?. 
^'"'"''''' in brandy to l:)e sent to Jamaica, Col. Venables and Mr. Coventry to 
request the Duke of York that no goods be taken aboard the 
Diamond frigate and the Rose Bush ujion private account till the 
brandy for Jamaica be so stowed, that it be not embezzled, also to 
request the Duke's letters to all commanders at sea in America to 
forbear taking any Indians prisoners or doing them injury. Mr. 
Froude to get a letter from both Secretaries of State to the Go- 
vernor of Jamaica, to take care that said brandy be sold to the 
best advantage and laid out for repairing the forts, especially that of 
Cagway. J p. [Col. Papers, Vol. XIV., Xo. 59, i^- 13.] 

Jan. 13. Grant to Thos. Lynce [Lynch] of the office of Provost-Marshal 

of Jamaica for life. [Bom. C/ias. IL, Bocquet Bl:, p>- 75.] 

Jan. 14. Grant to John Man of the office of Surveyor-General in 

Jamaica. [Ihid.'\ 

Feb. 4. 15. Minutes of the Council for Foreign Plantations. Fort}' pounds 

Inner Court of a tun to be given for bi-andy out of a French ship lately arrived, for 

'"^ ^' Jamaica, to be stowed on the Diamond frigate and Rose Bush ; a 

course taken to prevent the Indians being taken prisoners or 

any injury done them. Copies of all Patents recorded and re- 



AMERICA AND WEST INDIES. 5 

ICGl. 

maining in the Rolls Six Clerks Office, or in any other Court or 
office concerning Government or propriety in any Foreign Planta- 
tion to be brought to this Council, and entered in a book for that 
purpose according to the King's Commission and Instructions to this 
Council. The letter prepared for Virginia to be read on Monday 
11th instant. 1 p. \Col. Papers, Vol. XIV., No. od,p. 14.] 

Feb. -^. 16. Act of the States General permitting all Christian people of 
The Hague, tender conscience in England or elsewhere oppressed full liberty 
to erect a colony in the West Indies, between New England and 
Virginia, now within the jurisdiction of Peter Stuyvesant, the 
States General's Governor for the West India Company, on certain 
conditions and privileges. — Also, the conditions and privileges 
granted by the West India Company to all such j^eople as shall be 
disposed to take up their abode in those parts, viz., in the New 
Netherlands ; and summary advertisements concerning the above 
mentioned colony. These describe the tract of land as lying be- 
tween 30 and 40 degrees, not above six weeks sail from Holland, 
and as yet uninhabited, abounding in grapes and other fruits, 
which grow naturally and far surpass any in Europe. The land 
very fertile in all kinds of grain ; also very good tobacco and 
several sorts of dyes. Furs to be had of the natives very rea- 
sonable ; store of saltpetre, excellent venison, elks, and marvellous 
plenty in all kinds of food, of land and sea fowl, and excellent fat 
and wholesome fish ; the mountainous part of the country stored 
with several sorts of minerals, and great profit from traffic with 
the natives, who are naturally a mild people. Indorsed, " Long 
" Island. Vera copia of the Dutch Act." 2 pp. Printed, iii New 
York Documents, III., 37-39. [Correspund. Holland.] 

Feb. 5. 17. Edward D'Oyley, General in Chief in America, to all Go- 

Point Cagway. vernors of Islands, captains of ships, officers, and soldiers under 
Jamaica, j^j^ command. His Majesty having commanded a cessation of arms 
they are hereby ordered to cease from all acts of hostility against 
the king of Spain, or any of his subjects, and treat them with 
civility and courtesy. All captains of ships of war abroad witli 
General D'Ovley's commission to return with all speed for further 
orders. 2 pp. [Col. Pa2)ers, Vol. XV., l\o. 5.] 

Feb. 5. 18. Petition and representation of John Clarke, on liehalf of the 

Colony of Rhode Island and the rest of Providence Plantations, to the 
King. Recapitulates and encloses ;former petition, and earnestly 
appeals for protection, and for a more absolute, ample and free Charter 
of Civil Incorporation. [Indorsed, Rec. 5th Feb. 1G61.] Anne.ced, 
I. Petition of John Clarke to the King. [See ante. No. 10. 
Together 2 pp. Col. Papers, Vol. XV., Nos. C, G I.] 

Feb. .5. 19. Two Copies of the above Petition and Enclosure. Indorsed by 

See. N'icholas : " Isle of Providence for a Corporation." Together 3 
pa2}ers. [Col. Papers, Vol. XV., Nos. 7, 8. 9.] 

Feb. 8. 20. Commission appointing Col. Edward D'Oyley Governor of 

Westminster. Jamaica. With power to choose a Council of 12 persons, and by 



COLONIAL PAPERS. 

IGGl. 

the advice of any five or more of them to erect and constitute Civil 
Judicatories, to muster and command the military forces of the 
Island, " to fight, kill, slay, repress, and subdue all such as shall in 
hostile or mutinied manner, by insuiTection, or invasion, disturb the 
peace or attempt the surprise of said Island," and to execute martial 
law. To appoint Commissioners to inquire into the trade most 
advantageous for the inhaliitants, and to pass any Acts tending 
to their security and prosperity. To administer the oath of alle- 
giance. In case of death or removal seven of the Council to 
assume the Government, and within one week choose a new 
Governor till fui-ther orders. 2pp. {Col. Papers, Vol. XV., No. 10.] 
Feb. 8. 21. Copy of preceding Commission. [Col. Entry Bl:, Ko. 27, 

pp. 3-5.] 

Feb. ? 22. Instructions to Edward D'Oyley, Governor of Jamaica. To 

call together the oflicers of the army and planters and publish his 
Commission, and proclaim the King in the usual form. To proceed 
to the election of a Coimcil of 12 persons, but the Sec. always 
to be one, five of whom shall form a quorum. His Commission and 
Instructions to be i-ead to them. To settle Judicatories for civil 
affairs and admiralty, all Judges and Officers taking the oaths of 
allegiance. To discountenance and punish drunkenness and de- 
bauchery, and give the best encouragement to Ministers that Christi- 
anity and the Protestant religion, according to the profession of the 
Church of England, may have due reverence and exercise amongst 
them. To command all persons to Avork by turns for the completion 
of the fortifications at Cagway. To encourage the people to plant 
and improve the Island, by the assurance of His Majesty's special 
favour and protection. To cause a general survey of the Island to 
be made, with a description of its resources. To order the Sec. to 
keep a registry of settled plantations with their boundaries, and to 
require those who pretend to a title to any plantation to plant a 
proportionable part within a limited time. To encoui-age negroes, 
natives, and others that will live under His Majesty's obedience. 
To encourage and invite merchants and tiadiix. ami discoimtenance 
and suppress "all engTossing of couninHlitic- wliidi tends exceed- 
ingly to the prejudice of -that freedom ANhicli tiadr ought to have." 
To employ ships which can be spared from the necessary defence of 
the Island in fetching planters fi'om other Colonies, and to suffer no 
soldiers to leave the Island without special licence. To reserve all 
provisions and ammunition sent out for public uses. And to give 
accoimt of the condition of the Island as often as opportunity can 
lie had, and of all West Indian affairs. 2 jp. [Col. Paj^ers, Vol. X V., 
Ko. 11.] 

Feb. ? 23. Copy of preceding instructions. [Col. Entry Bl:, Ko. 27, 

2->p. as.-] 

Feb. 11. 24. Minutes of the Council for Foreign Plantations. Lord 

Inner Court of Robartes reported the King's pleasure that the letter prepared for 

^"''''"' Barbadoes be directed to Lord "VYilloughby of Parham, Governor, 

and the Council there, which is to this effect : That the King has 

appointed them under the Great Seal a standing Council to take 



AMERICA AND WEST INDIES. 



IGGI 



into their consideration, care, and conduct the present and futm-e 
condition of foreign plantations, not only as regards their inspection 
and management, but their manufactm-es, navigation, and com- 
merce. They are to take especial care for the preservation of union 
and public peace, upon the grounds on which they subsisted and 
prospered before the island was distm-bed by the fleet sent against 
it in 16-51. To send an account of their means of defence, the 
strength of then- forts and conduct of then- militia, how such public 
charges are borne, in what manner the payments are raised, and by 
whom disposed of. To draw up, with the assistance of the judges, 
the method of government and the heads at least of the laws, cus- 
toms, and constitutions by which public justice is administered. 
To give a conjectural account of the number of inhabitants and 
their increase or decrease for the last seven years ; the number of 
freeholders, conditional servants, and blacks ; also the number neces- 
sary^ by way of yearly supply to the use of the island. What com- 
modities are chiefly planted by the inhabitants, and what seem 
most worthy of prosecution and encouragement. The number of 
ships that have traded there the past year, their burthen, and 
commodities, &c. To carry into execution the late Act of Parlia- 
ment for increase of navigation. To take every opportrmity to 
contribute to the defence, welfare, or increase of Jamaica by allow- 
ing such as have been servants [in Barbadoes] freely to go there 
Especially to admonish the Governments and inhabitant! of the 
several Colonies that above all things they prosecute the reformation 
of debaucheries and licentious conversations, the ill example of 
which brings scandal upon Christianity and deters others from 
esteeming it. All religious exercises according to the profession of 
the Church of England to be enjoined and practised, and learned 
and orthodox ministers encouraged to come among them, it beino- to 
the shame of a rich and floimshing people to be without a ministry 
proportionable to then- numbers and condition, necessary not only 
for themselves, but for the winning such as are purchased by them 
as slaves to the Christian faith and making them capable of beino- 
baptized thereinto. The King's declaration from Breda is sent, also 
an Act of Indemnity, and they are urged to endeavour to lay aside 
animosities begotten by the late distracted and unsettled times, 
and unite affectionately, so that former differences he buried in 
oblivion. 

Letter prepared for Virginia to be directed to Sir Wm. Berkeley, 
Governor for the time being, and the Council there, and read at the 
next meeting. Petition of Col. Tuke touching an office proposed to 
be erected for registering servants to Ije sent to the Plantations, 
read and ordered to be considered on iSth inst. 3 vp. \Col Pavers 
Vol. XIV., No.b'd,2yp. lo-l7.-\ n i ■ i ' 

Feb. 11. 25. Orders of the Council for Foreign Plantations. The letter 

^""wa^r"*'^'^^' ^^^'^^^^oes [calendared in preeed.imj entry] is signed and ordered 

to be directed according to his Majesty's pleasure. Also the letter 

prepared for Virginia and Col. Tuke's petition and papers as above 

stated. 1 jj. [Col Papers, Vol. XV., No. 12.] 



COLONIAL PAPERS. 

IGGL 
Feb. 11. 26. Governor Endecott, in tlie name and by order of the General 

Court, to the King. 
To the high and mightie Prince Charles the Second, by the Grace of God 
King of Great Brittaine, France, and Ireland, Defender of the Faith. 

Most grations and dread vSovcraigne. 
May it please yonr Maje.-tie, In the day wherein you happilie say you now 
knowe that you are king over your Britti.sh Israel to cast a favourable eye 
upon your poore Mephibosheth, now, and by reason of lamenes in respect 
of distance not untill now, appearing in your presence, we nieane New 
England, kneeling with the rest of your subjectes before your Majestie as 
her restored king. We Ibi'gett not our ineptness as to theise approaches, 
we at present owne such inipoteneie, as renders us unable to excuse our 
impotencie of speaking unto our Lord the King, yet contemplating such a 
king who hath also scene adversitie, that he knoweth the heart of exiles, 
who himselfe hath bene an exile. The aspect of JMajestie thus extra- 
ordinarilie circumstanced influenceth and auimateth examinated outcastes 
yet outcastes (as we hope for the trueth) to make this addresse unto 
their Prince, hoping to fiude grace in your sight, we present this script, 
the transcript of our loyall hearts into your Royall handes. Wherein 
we crave leave 

To supplicate your Majestie for your gratious protection of us in the 
continuance both of our civill priveledges according to and of our 
religious liberties the grantees knowen end of suing for the, Patent 
conferred upon this plantation by your Eoyall father. This. This, 
vizt., our libertie to walke in the faith of the gosple with all good 
conscience according to the order of the gospell (unto which the former 
in theise endes of the earth is but subservient) was the cause of our 
transporting ourselves with our wives and little ones and our substance 
from that pleasant land over the Atlantick ocean into this vast and 
wast wildernes, chusing rather the pure Scripture Worship with a good 
conscience in this poore remote wildernes amongest the heathens, then 
the pleasures of England, with submission to the impositions of the 
then so disposed and so farre prevailing Hierarchie which we could 
not doe without an evill conscience. For this cause we are at this day 
in a land which lately was not sewen, wherein we have conflicted with 
the suiiriiigs thereof much longer then Jacob was in Syria. Our wit- 
nes is in heaven that we left not our countrie upon any dissatisfaction 
as to the constitution of the civill State. Our lot after the example of 
the good old nonconformist, hath bene onely to act a passive parte 
throughout theise late vicissitudes and successive overturninges of State. 
Our separation from our bretheren in this deseit hath bene and is a 
suffring, bringing to niynde the affliction of Joseph. But providentiall 
exemption of us heereby from the late warres and temptations of either 
partie we account as a favor from God. The former clotheth us with 
sackcloth, the latter with innocence. 

What reception, courtisie, and equanimitie those gentlemen and 
others adherers to the Royall interest in their adverse changes visited 
theise partes were entertayned with amongst us, according to the 
meanesse of our condition we appcale to their owne reportes. 

Touching complaintcs put in against us, our humble request onely is, 
that for the interim wherein we are dumb by reason of absence, your 
Majestie would permit nothing to make an impression upon your Royall 
heart against us untill we have oportunitie and licence to answere for 
ourselves. Few will be nocent said that impleader if it be enough to 
deny, few will be innocent, replied the then Emperor, if it be enough 
to accuse. 

Concerning the Quakers, open capitall blasphemers, open seducers 



1661. 



AMERICA AND WEST INDIES. 



from the glorious Trinitie, the Lords Christ, our Lord Jesus Christ, the 
blessed gospell, and from the holy Scriptures as the lulu of life, open 
enemies to government itseU'e as established in the handes of any but 
men of their owne principles, m;dignant and assiduous promoters of 
doctrines directly tending to subvert both our Churches and State, 
after all othei; meanes for a loiige time used in vaine, we were at last 
constreyned for our owne safetie to passe a sentence of banishment 
against them upon paine of death such was their dangerous impetuous 
and desperate turbulence to religion and to the State eivill and eccle- 
siasticall as that how unwilling soever could it have bene avoided. The 
^Ligistrate at last [least] in conscience both to God and man judged 
liimsell'c cailed for the defence of All, to keepe the passage with the 
point of the sworil held towards them. This could doe no harme to 
liini that would be warned thereby. Their wiltinglie rushing them- 
selves thereupon was their owne act, and we with all humilitie conceive 
a crime bringing their blood upon their owne heads. The Quakers 
died not because of their other crimes how capitall soever, but uppon 
their superadded presumptuous and incorrigible contempt of aucthoritie, 
breaking in upon us notwithstanding the sentence of banishment made 
knowen unto them ; had they not been I'estreined so far as appeared, 
there was too much cause to feare that we ourselves must quickly have 
dyed or .worse. And such was their insoleneie that they would not be 
restreined but by death ; nay, had they at last but promised to departe 
the Jurisdiccon, and not to returne without leave from aucthoritie, we 
should have bene glad of such an oportunitie to have said they should 
not dye. 

Let not the kinge heare men's wordes : your servants are true men, 
fearers of God and the Kinge, not given to change, zealous of gover- 
ment and order, orthodox and peaceable in Israel, we are not seditious 
as to the interest of CiEsar nor schismaticks as to the matters of 
religion. We distinguish betweene churches and their impurities, 
betweene a living man, though not without sicknes or infirmities, and 
no man. Irregularities either in ourselves or others we desire to be 
amended. 

We could not live without the publick worship of God, we were 
not permitted the use of publick worship without such a yoake of sub- 
scription and conformity as we could not consent unto without sinne ; 
that we might therefore enjoy divine worship without humane mix- 
tures, without offence either to God or man or our owne consciences 
we with leave but not without teares departed from our Countrie, kin- 
dred, and fathers house into this Patmos. In relation whereunto we 
doe not say our garmentes are become old by reason of the very long 
journey, but that ourselves who came away in our strength are by 
leason of very long absence many of us become gray headed and some 
of us stooping for age. The omission of the prementioned injunctions 
together with the walking of our Churches as to the point of order in 
the congregationall way is all wherein we differ from our orthodox 
brethren. 

Sir, we lye not before your sacred Majestic the Lord God of Godes, 
the Lord God of Godes he knoweth and Israel he shall know, if it were in 
rebellion or schisme that we wittinglie left our dwelling in our owne 
or continew our dwellinges in this strange land, save us not this day. 

Iloyall Sir, if according to this our humble petition aud good hope 
the God of the Spirittes of all Hesh, the Fatlier of mercies who com- 
forteth the abject shall make the permission of tlie bereavement of 
tiuit. All for which we have and doe suffer the losse of all, pretioua 
so pretious in }0ur sight, as that your Royall heart shalbe inclined to 



10 COLONIAL PAPERS. 

1661. 

shew unto ns your kindnes of the Lord in your ^Majesties protection of 
us in those liberties for which we hither came and which hitherto we 
have heere enjoyed upon Hezekiah's speaking comfortable to us as to 
sonnes. This orphan shall not continew fatherles but grow up as a 
revived infant under its nursing father, theise Churches shalbe com- 
forted in a dore of hope opened by so siguall a pledge of the lengthning 
of their tranquillitie, theise poore and naked Gentiles not a few of 
whom through grace are come and coming in, shall still see their wonted 
teachers with iucouragement of a more plentiful! increase of the king- 
dome of Christ amongest them. And the blessing of your poore 
afflicted and yet (we hope) a people trusting in God shall come upon 
the head and heart of that great king who was sometime an exile as 
we are. 

AVith the religious stipulation of our prayers we prostrate at your 
royall feete beg pardon for this our boldnes, craving finallie that our 
names may be iuroUed amongest 

Your Majesties 
most humble subjectes and suppliantes, 

Jo. Endecott, Governor, 
in the name and by the order of the generall com-t. 
Endorsed, by Sec. Sir Edward XichoIa& E[eceived] 13 Feb. 1660 
[-1]. Read in Council the 6 March 1G61-2. 1 ^j. [Col. Papers, 
Vvl. XV., No. 13.] 

Feb. 11. 27. The Humble Petition and Adch-ess of the General Court 
sitting at Boston, in New England, unto the High and Mighty 
Prince Charles the Second, and pi'esented unto His Most Gracious 
Majesty. Feb. 11, 1GOO[-1]. A printed copy of the preceding. 
^ pp. Also a MS. copy of same. {Col. Papers, Vol. XV., Nos. 14, 
1.5.] 

Feb. 12. 28. Commissioners of Customs to Su" Philiii Warwick. Some 
Custom House, merchants trading for New England find themselves very much 
LondoE. oTieved in respect of the strictness of the Act of Navigation. The 
commodities of that country are generally clapboards, pipestaves, 
and other timber, fish and such gTuff" commodities, which may be 
better vended in other parts than here at the merchant's desire, they 
request power to take bond of merchants trading to foreign parts 
to return the proceeds of the commodities they lade there and not 
bind them to return the commodities in specie, as by the letter of 
said Act seems to be enjoined. With Minute, that the Loixl Trea- 
surer may think this business worthy of his motion at the Council 
board as well for settUng it at London as in the Plantations. 1 j). 
[Col. Papers, Vol. XV., No. 16.] 

Feb. 13. 29. The Commissioners of Customs to Sir Philip Warwick. 
Custom House, Several ships are now stajnng here for which the merchants are at 
Loudou. gj-eat charge, expecting a result in the business concerning which 
they wrote yesterday. Earnestly entreat him to remind the Lord 
Treasurer, who they understand has [^moved the Council Board, 
that somewhat maybe determined for the merchants' just accom- 
modation. 1 p. [Col. Papers, Vol. XV., No. 17.] 



AMERICA AND WEST INDIES. 11 



I6G1. 
Feb. 13. 30. Order in Council. — On reading a "Narrative" from the 
Whitehall. Officers and Commissioners of Customs, the Lord Ti'easurer is directed 
to give them power and authority to take bonds of tlie merchants 
trading for New England as they request, and further the Lord 
Treasurer is desired to wiite to the Governor of that Planta- 
tion giving him the same liberty to take the like bonds there. 
Anneaxd, 

Lord Treasm'er Southampton, to [Commissioners of Customs]. 
To see that the directions in the above order be carefully 
observed. Southampton House, 1.5 Feb. l(i(jl. 3 p^J. \Col. 
Papers, Vol. XV., Kos. 18, 18 i.] 

Feb. 1.5. 31. The King to [the Governor of] New England. It having 
Whitehall, pleased God, after long trials both to the King and his people, to 
touch then- hearts at last with a just sense of His Majesty's right, and 
by their assistance to restore him peaceably and without blood, the 
King has made it his care to settle his lately distracted kingdoms 
at home, and to extend his thoughts to increase the trade and 
advantages of his Colonies and Plantations abroad, among which 
His Majesty considers New England to be one of the chiefest, having 
enjoyed and gTown up in a long and orderly establishment, so the 
King will not come behind any of his Eoya'l predecessors in a just 
encouragement and protection of all his subjects there, whose appli- 
cation to His Majesty has been very acceptable, neither will he 
forget to make his good people in those parts equal partakers of 
those promises of liberty and moderation to tender consciences ex- 
pressed in His Majesty's Gracious Declarations, which he is confident 
his good subjects in NeAv England will make a right use of 2 «». 
[Col. Entry Bh, Vol. LX., pp. 18-19.] 

Feb. IS. 3?» Minutes of the Coimcil for Foreig-n Plantations. The Lords 
Inner Cc ,,^e Privj' Council who are members of this Council to be desired 

to attend on 25th instant, to debate upon Col. Tuke's petition and 
proposals concerning the registering of planters and servants going 
to the Foreign Plantations. Petition of Bonnell and other mer- 
chants to transport 20 servants on the Diamond frigate to Jamaica 
referred to a Committee, who are directed to draw up an Address to 
the King asking leave accordiuglj-, and for another ship to be 
speedily prepared for Jamaica. The King to be moved to issue a 
Proclamation to prohibit tobacco planting in England according to 
the late Act of Parliament. Copy of letter to be sent to Virginia 
to the same efieet as the letter for Barbadoes [see ante, Ko. 24], 
but with these additions, that the Governor and Council of Virginia 
be recommended to instruct some planters or others well acquainted 
with their affairs to represent them in England, that they apply 
themselves to the increase and improvement of flax, silk, and other 
manufactures, and enforce all laws for the plantmg of such commo- 
dities and white mulbeny trees, to which they are also to give 
every encouragement. To inform the Council how many parishes 
the country is divided into, how many are supplied with ministers 
and what allowances they receive, also to consider of proposals to 



Ware 



12 COLONIAL PAPERS. 

IGGl. 

encourage others to go to them with a certain livelihood and suh- 
sistence. 3| 2yp- [Col Papers, Vol. XIV., iYo. 99, 23p. 18-21.] 

Fel). 19. 33. Information of Edward Godfrey, sometime Governor of the 
Province of Maine. The great benevolences that have been so 
puljlicly known to propagate the Gospel in New England are but 
in effect to be [establish] there a free State, the private acting as 
yet he conceals, there is a snake in the weeds. There is a corpora- 
tion sitting formerly at Cooper's Hall, commonly on Saturdays. 
For the business, Hugh Peters confes.sed to 00,000/., and last year 
they said they purchased land to about 1,000/. per annum, but now 
shrunk to 700/. ; " they Israelites, I an Egyptian, conquered of 
" them by the teeth of their .swords." He most humbly petitioned 
for something here to relieve his eight years " exturped " of his 
means. Has faithfully served 30 years amongst them, the first 
])lanter, a vast estate spent, his nearest relation in the discovery 
slain by the Indians, and his only son ruined by the country where 
Godfrey w^as governor 20 years. The state of the business is, 
there is one Smith, whom Godfi-ey met at Mr. Attorney- General's, 
solicits to have the patent renewed. Mr. Ashworth, at the Key, in 
Watling Street; Alderman Peake, at 3 Arrows, in Ciinnon Street ; 
Mr. Rotfe, a scrivener, at the backside of the Exchange, near the 
Ship Tavern ; Mr. Michelson, at the Angel, a linen-draper's, in 
Cheapside ; Mr. WoLner, a woollen-draper, in Gratious Street ; Mr. 
Bell, at Tower Street. None other there or here had any acting 
in these affairs that diii not idolize the church covenant. Great 
midcts and fines were imposed upon those of the Church of Eng- 
land only for petitioning to have the liberty of free-born English. 
The tribute received from the Indians amounts yearly to a con- 
siderable sum. Annexed, 

Edward Godfrey to Sec. Sir Edward Nicholas. Formerly' 
he gave him in print an appendix to the petition to the 
Usurper Cromwell and Parliament, concerning the North part 
of America. One particular patent of the Massachusetts, at 
Boston, has usurped all the coimtry to subjection, being gente 
inemica to loyaltj^ in practice to be a free State. Was turned 
out of his patent because he came to give an account of .55 
years travel, of which 4G in civil emjiloyment, for his country 
27 there, aged 77 years. Begs to be heard on what may be of 
higher concernment than if all the Baltic Sea were annexed to 
the King's empire. Has suffered eight years, and now for all 
his service for his coimtr}' is like to perish for want. IGGO, 
July 1.5. Together 2 pp. [Col. Papers, Vol. XV., Kos. 19, 20.] 

Feb. ? 34. PetitionofWm. Latham, Andrew Beech, Godfrey Havercamp, 

Sam. Baker, John Johnson, John Do-miing, and Anne Henshaw, 
willow, trustees for themselves, and above fourscore other persons to 
the King. Petitioners in lG-14 obtained a decree in Chancery for 
30,000/., debts due to them from the late Earl of Carlisle, whose son, 
on 30th Dec. 1049, granted an assignment to the petitioners, for 21 
years, of one half of the profits arising out of the Carribbee Islands, 
demising the other half to Eras. Lord Willoughbj-, who he consti- 



AMERICA AND WEST INDIES. 13 



tuted his Lieut.-Geueral of those islands, also for 21 years. Shortly 
after Lord Willoughby had repaired thither he full under the dis- 
pleasure of " the pretended Parliament," who sent a fleet to reduce 
Barbadoes, since which time the petitioners have not received one 
penny, and the said Earl has lately surrendered to his Majesty all his 
right and title to the Caribbees. Pray that " in this time of public re- 
" joicing for His Majesty's happy restoration, they may not be forced 
" to mourn in want and misery ;" that their former assignment may 
he latified, or some other way be devised for payment of their debts. 
1 p. [Col. Papers, Vol. XV., Xo. 21.] 

35. Copy of preceding petition. The names of John Downing and 
Anne Henshaw are omitted, as is also the paragraph in above pe- 
tition of the surrender of the Earl of Carlisle's right and title to 
the Caribbee Islands to the King. This petition is signed. 1 j). 
ICol. Papers, Vol. XV., Xo. 22.] 

Feb. 20. 36. Order of the King in Council. That the Earl of Ivinnoul, Fran- 

Whitehall, els Lord Willoughby of Parham, Thomas Kendall, merchant, on behalf 
of Mr. Courteen and all other persons who pretend interest or title 
to Barbadoes and other the Caribbee Islands, fditliwith deliver to 
the Attorney-General their several patents, wiitiii-s, and other in- 
struments ])y which they claim the same, ami that tlii-y attend this 
Board with their Council on 1st March next, when their several 
pretences are appointed to be discussed, and such order will be given 
as shaU be thought fit. 1 p. [Col. Papers, Vol. XV, Xo. 23.] 

1661? 37. Petition of Riclid. Downing, And. Buck [? Beech] Godfrey 

HavercamiJ, Sam. Baker, John Johnston, and Anne Henshaw, trustees 
for themselves and about SO other creditors of Jas. the elder Earl 
of Carlisle, to the King. Petitioners, after along suit in Chancery, 
obtained, in 1()44, a decree for 40,000^. (sic), debt due to them, and 
by several indentures one moiety of the profits from the Caribbee 
Islands were entrusted to Lord Willoughby for 21 years, and the 
other moiety to the petitioners. Most of those debts were contracted 
by the first Earl in several public embassies and the remainder in 
furnishing the islands ; petitioners have spent 1,200/. in prosecuting 
their claims, but have not as yet received one penny. On ] st Mai-ch 
last [1G61] they submitted their pretences to the Council, relying 
upon His Majesty " allowing them a due compensation, but have not 
been since in the least informed of the King's determination. Pray 
for some relief and that their debts may be charged upon the profits 
of those islands." Indorsed hy Sec. Xieholas. 1 j). [Col. Papers, 
Fo/.A'K, A"o. 24.] 

IGGl. 38. Minutes of the Council for Foreign Plantations. Information 

Feb. 25. from the Captain of the Diamond Frigate and the Rosebush, bound 
for Jamaica, that he cannot take the King's brandy and forty-four 
thousand {sic.) of his bread ; the Duke of York to be entreated to 
command that they be sent, and other goods less necessary for the 
island taken out. i p. [Col. Papers, Vol. XIV., Xo. 59, p. 21.] 



14 COLONIAL PAPERS. 



[Mar. 1.] 39. Petition of Planters of Barbadoes inhabiting in and aliout 
London, to tlie King.— Whilst petitioners were endeavouring to lay 
before His Majesty some disadvantages that arose in Barbadoes by 
the Patent of the Earl of Carlisle, and praying either for no change 
of Ciovcrnor or a disinterested person to be appointed, and were 
addressing certain proposals to the Lord Treasurer, letters from 
His Maje'sty were procured which have removed the Governor and 
given countenance to some settlement intended by Lord Willoughby, 
whicli tends much to the grief of petitioners and many of the ablest 
planters. Having stated to the Lords Chancellor and Treasurer the 
illegality of the Earl of Carlisle's Patent, and the advantage to His 
Majesty in sovereignty and revenue, in case the Planters have an 
inmiediate dependence on His Majesty, petitioners pray that fresh 
letters may be sent to Barbadoes, intimating His Majesty's resolution 
of taking the Plantations m America, and particularly Barbadoes, 
into a more immediate dependence on the Crown ; what the Cro%vn 
will do for them ; and what it expects from them. Petitioners are 
confident that if no such despatch speedily be made the present 
power may be so made use of as many of the best planters may be 
forced to withdraw. Signed by Peter Lear, And. Riccard, Richard 
Batson, Jno. Colleton, Wm. Williams, Thos. Middleton, Martin Noell, 
Toljias' Frere, Thomas Kendall, John Roberts, AVill. Chamberlaine, 
Jona Andrewes, & Thos. Parris. Indorsed : Read in Council, Mar. 1, 
ICCO-L 1 2>- [Col Po.pcrs, Vol. XV., No. 2.5.] 

March ? 40. Petition of the Planters, merchants, and traders to Barbadoes 

to the King. — Petitions by reason the laws for the recovery of debts 
in Barbadoes have not been fully put in execution through the 
want of knowledge of former Governors, have very much suffered, 
and forasmuch as the present Governor, Col. Thos. Modyford is 
by profession a lawyer, and "full of justice and ability," that he may 
be continued in the Government until His Majesty has had some 
further trial of him. Signed by Jon. Keate, Knt. ; And. Riccard, 
Knt. ; Hon. Batson ; Tho. Overall ; Jno. Berwick ; Tho. Frere ; 
Jno. Pemell ; Jona. Anch-ewes ; Seth Rowley ; Wm. Beale ; George 
Keate ; Wm. Williams ; Rich. Batson ; Tho. Middleton ; Tobias 
Frere ;' Da. Skynner ; and Ri. King. [Col. Papers, Vol. X V., No. 
2G.] 

1G61 ? 41. Reasons of the Commissioners appointed by the Governor 

Council, and Assembly of Barbadoes against hokhng any treaty with 
Lord AVilloughby upon his designs and propasals until they receive 
direction from some noble persons in the King's interest how to pro- 
ceed therein. They have been entrusted with an Address to the King- 
on his most happy and blessed restoration, and desire immediate pro- 
tection against any proprietary claim, for which purpose ^they have 
been advised to commence a suit by scire facias to overthrow Lord 
Willoughby's claim. The Governor's interest in the island and the 
state of both parties for and against. It is complained that a petition 
is set on footlby several seamen and other inconsiderable persons pray- 
ing that Lord Willoughby may be sent over a,s Governor. Annexed, 



AMERICA AND WEST INDIES. 15 

1661. 

Names of persons improper for the Council of Plantations [sic ? 

Barbadoes] and fit to be put out : Wil. Glascock, Wm. Watts, 

and Alex. Howe. Those lit to be added — John Lewes, Thos. 

Middleton, and John Jeffreys, of great experience and interest 

in several plantations and of clear reputation. Together 2 rip- 

\Gol. Pcqjers, Vol. XV., Nos. 27, 28.] 

March 4. 42. Minutes of the Council for Foreign Plantations. Capt. Bree- 

Inner Court clon and Messrs. Godfrey, Giftbrd, and Mavericke to attend on the 

of ^\arcls. i\\x^ inst., with such papers and writings as together with their own 

particular knowledge may give information of the present condition 

and government of the several Colonies commonly known by the 

name of New England. Mr. Bonnell to attend the Sec. of State 

about his petition touching the transport of men and goods for 

Jamaica. ^ i^. {Col. Papers, Vol. XIV., No. 59, p. 22.] 

March 4. 43. Copy of preceding. [Col Papers, Vol. XV., No. 29.] 

March 8. 44. Order of the Privy Council on petition of Charles St. Stephen, 

Whitehall. Lord de Latour, Baronet of Nova Scotia, Thomas Temple, and William 

Crowne, concerning their right in Nova Scotia; directing said 

petition to be referred to the Committee formerly appointed to 

consider some matters in relation to Nova Scotia. See Vol. XIV., 

No. 64. 1., Gal. pp. 496, 497. 4| p. [Col. Entry Bk, Vol. LX., p. 1.5.] 

[March 11.] 45. Capt. Thos. Breedon to the CouncU for Foreign Plantations. 
Relation of the state of affairs in New England at his coming from 
thence in 1660. Having been summoned to appear before the 
Council this 11th of March 1661 to give information of the condition 
and Government of the several colonies of New England, he here- 
with presents in the first place the book of laws of the Massachu- 
setts Colony, whereby they will understand the Government better 
than himself, which they assert to be by patent from the King, 
which patent he never saw, therefore cannot tell how agreeable to 
their patent they act. The distinction between freemen and non- 
freemen, members and non-members, is as famous as Cavaliers and 
Roundheads was in England, and will shortly become as odious. 
The grievances of the non-members, who are really for the Kino-, 
and also some of the members, are very many. A gentleman not 
many years ago, supposed to be the King, was apprehended and 
would have been sent to England, had not Sir Henry Moody and 
others better known His Majesty. They look on themselves as a 
free state, sat in Council in December last a week liefore they coidd 
agree in writing to His Majesty, there being so many against own- 
ing the King or having any dependence on England. Has not seen 
their petition, but questions their allegiance to the King, because 
they have not proclaimed him, they do not act in his name, and 
they do not give the oath of allegiance, but force an oath of fidelitv 
to themselves and their Government, as in Book of Laws, pjo. 62 
63, 68, and 84. For his conduct to WhaUey and Gofle, who came 
to New England under the names of Richardson and Stephenson, and 
who he commanded to appear before the Governor, he was called a 
malignant, and the Marshal-General abused him, " grinning in my 
" face speak against Whalley and Goffe if ye dare, if ye dare, if ye 



16 



COLONIAL PAPERS. 



'■ dare." The Act of Parliament and the King'.s Proclamation 
villified by the Deputy Governor. None but freemen who take the 
oath of fidelity are capable of bearing office in military or civil 
aftair.s, yet two-thirds of the soklier.s are non-freemen, who, he i.s 
confident, would be glad to have ofticers with the King'.s commis- 
sion, and desire a Governor from the King ; others fear it, and say 
they will die before they will lose their liberties and privileges, " by 
" which it may appear how difficult it is to reconcile Monarchy and 
" Independency." Refers to the laws against the King's interests ; 
these laws contrary to the laws of England. Necessity for speedily 
settling this coimtry in due obedience and subjection to the King. 
The two Hectors, "VMialley and Goft'e, daily buzzing in their ears a 
change of Government. Multitudes of discontented persons of their 
gang sending their estates thither ; the bad effects that will follow. 
The French and Dutch trade to the English Plantations very much 
to tlie prejudice of England, and the loss of many thousands of 
pounds yearly to His Majesty's customs. "This was given in by 
Capt. Thomas Breedon." .3 p. Printed in Xeu: York (hicirincnts, 



March 11. 

Inner Court 
of Wards. 



March i: 



March 14. 

Inner Court 
of Wards 



[r'„/. F.^rr., Vol. 

m,,r. 5-7.] 

46. Minutes of the Council 



Vol. XV., X( 



XV., Xo. 30 ; (^/n 



•not Jo 



'TU' 



for Foreign Plantations. The Council 
having heard some informations concerning the condition and 
government of New England, Capt. Breedon and Messrs. Godfrey 
and Giftbrd are again requested to attend on the 14th inst., as also 
Mr. ]\[aveiicke, Capt. Levei-et, Thos. Bell, and Mr. WoUnough. ^ p. 
[f'ol. Popers, Vol. XIV., Xo. 59, p. 22.] 

47, Minutes of the Council of Barbadoes. The King's Proclama- 
tion prohibiting unlawful and seditious meetings and conventicles, 
under pretence of religious worship, to be publishcil in St. Alichael's. 
Being asked bj' the President and Council to consent to the levying 
of the 2 and 4 per cent, gi-anted to Lord Willoughby during the 
tenure of his lease, and to the Earl of Carlisle and his heirs for ever, 
when the Island was under the King's obedience, the Assembly in 
their answers signed by Geo. Thornbm-gh, Clerk of the Assembly, 
desire a respite until it be determined in England, in whom the 
proprietorship now is. Two Committees to be appointeil, for the 
Windward and Leeward Precincts, to revise the Statute Books, and 
Coll. Ellice's Books of Collections, and present them to the Council 
and Assembly. The Council Books also to be sent to the Wind- 
ward Committee, for the expunging of any matters contrary to 
the King's right or dignity. 2' pp. [Col Entry El:, Vol. 'XL, 
pp. 42-44.] 

48. Minutes of the Council for Foreign Plantations. — Me&srs. Bell 
and Wollnough to be discharged from further attendance on the 
Council, but Cajjls. Breedon and Leveret, and Messrs. Godfrey, 
Giffbrd, and Mavericke to attend on the 18th, and Capt. Levei-et to 
bring the copy of the patent for New England which he acknow- 

11 i- 1 1 Tn 1 r> „ Tr,7 ■X' Tir A'- rn ,. oo T 



[Col. Papers, Vol. XIV., Xo. 59, p. 23.] 



ledges to have. 

49. Petition of divers persons who have been sufferers in New 
Entrland on behalf of themselves and thousands there to the Council 



AMERICA AND WEST INDIES. 17 



1661 



for Foreign Plantations. Thi-ough the tyranny and oppression of 
of those in power there, multitudes of the King's subjects have 
been most unjustly and grievously oppressed contrary to their own 
laws and the laws of England, imprisoned, fined, fettered, whipt, 
and further punished by cutting off their cars, branding the face, 
their estates seized and themselves banished the countrj-. They 
would willingly ]ietition the King for relief but dare not knowing 
the danger, should not his Majesty own them they would be for 
ever undone by that power that assumes the privilege of a free 
State which makes and breaks laws at pleasure. Pray that they may 
be owned and their oppressions relieved, that the law of England 
may be established amongst them and a Governor in general 
appointed over them, or what else their Lordships shall think fit. 
Signed by John Giflfcrd, Archibald Henderson Edw. Chapman, James 
Bate, Hemy Wilson, Robert Seymor, Edward Godfree, Theophilus 
Salter, John Dand, George Baxter, John Baker, Arch. Crowder, and 
John Baxe. 1 1?. [Col. Papers, Vol. XV., No. 31, p. 1 .] 

50. Petition of Lyonell Copley, Thomas Foley, Thos. Pury, Nicho- 
las Bond, John Pocock, Wm. Heycock, John Beex, Wm. Greenhill, Geo. 
Sherpuls, and Wm. Beck on behalf of themselves and other merchants 
adventurers in the iron-works in Now England to the Council for 
Foreign Plantations. Above 10 years since they erected sundry 
iron-works there at a cost of 1.5,000?., and left John Giftbrd and 
Wm. Avery to manage same. For supposed debts the petitionersj 
estates were seized and their agents imprisoned. About three years 
since the petitioners dispatched an agent to implore the common 
justice of the coimtry, which they were so far from obtaining that 
their estates are still witheld even by some of the Judges themselves 
so that petitioners are without hope of remedy. Pray for relief. 
1 p. [Col. Papers, Vol. XV., Xo. 31, p. 2.] 

51. Petition of Archibald Henderson to the Council for Foreign 
Plantations. Through injuries offered him by the Government and 
Planters of New England he was endamaged to the value of 800/. 
as by the annexed paper may appear. Prays for satisfaction from 
said country as the Council think fit and appertains to justice. 
Annexed, 

1. State of the injurious usages of those of New England 
towards Ai-chibald Henderson. He arrived at Boston from Bar- 
badoes in May 16.52 being enforced thence after it was sur- 
rendered to Sir Geo. Ayscue. Ignorant of their laws, which in 
several particulars are contrary to the laws of England, he had 
been walking in the street half an hour after sunset one Saturday 
when a constable entered his lodging, dragged him downstairs 
by the hair of his head, beating his head against the stairs, 
stripped him of his purse and clothes and carried him as a dead 
man to prison. Recites the charges and proceedings against 
him, Capt. John Leverett, as Attorney-General prosecuting. 
His petition to Governor Endecott for redress, the stay and 
loss of his ship bound for Barbadoes in consequence, his fines, 



18 COLONIAL PAPERS. 

IGGl ? 

charges of Court, payment of his ship's company, and damage 
to his goods amount to 800?. Tuyether 4 j'p- [Gol. racers, 
Vol. XV., No. 31, lip. 2-4.] 

52. Petition of Gyles Sylvester, merchant, on behalf of himself 
and other inliabitants of Shelter Island, near the Colony of New 
Ha\-t'n in New England, to the Council for Foreign Plantations. 
Tliat (^harles I. liy letters patent granted Shelter Island to Lord 
Sterling, who employed an agent to purchase from the Indians their 
right and title therein, and who continued in jiossession thereof foi 
several years. For want of sujiplies the island was sold to Stejihen 
Goodyere, then Deputy G(jvernor of New Haven, who in 1051 sold 
it to' Col. Thos. Middieton, who with his partners, at great charges, 
settled a plantation on said island, under whom petitioners claim 
their interest. The Government of New Haven, because of peti- 
tioner's refusal to yield obedience, have laid violent hands on the 
inhabitants of said plantation, have seized and confiscated all estates 
they could find, and most wrongfully detain about 3,000 acres of 
very good land upon Long Island, which the petitioners lawfully 
purchased of the Indian king of those parts. Pray that they may 
be restored to their lands and goods and receive satisfaction from 
the Government of New Haven for the insupportable injuries they 
have received, and be preserved from like outrages until the King 
l)e pleased to settle the government of those ]iarts. 1 p. [CoJ. 
Papers, Vol. XV., No. 31, 2X 5.] 

1061. 53. Letter and information of Edward Godfrey, sometime 

March 14. Governor of the Province of Maine. In reference to Capt. John 
Leveret, agent for the Massachusetts. To consider his acting there 
in subjugating the eastern parts in New England presumptuously 
and audaciously without any power from England, as by Jo. Baker's 
deposition and other papers Godfrey can show. After three years 
spent thei-e in vain for redress, Godfrey came for England, showed 
Capt. Leveret his papers and complaints, but stayed two years 
without any answer. Then he got a reference from 0[liver] P[ro- 
tector], but nothing eflfected, then one from R[iehard] P[rotector], 
when Leveret acted for and acknowledged himself to be agent for 
the Massachusetts. In this reference now of Mason and Godfrey's, 
though at first he refused [to act as agent], yet a process being 
fixed on the Exchange, he made an excuse. After he sent a letter 
with one from the Court [of the Massachusetts] accusing receipt of 
their petition, which answer is most unjust and untrue, as by 
sundry depositions may appear. Capt. Leveret presented the 
country's addi-esses to the King. As touching New England, God- 
frey has known the country from the fii'st discovery ; he lost his 
nearest relations, slain by the Indians, and has faithfully served the 
country 25 years ; his only son transported his wife and family 
there, and now hearing of Godfrey's ruin abides here to present 
these few lines. He always said that Piscattaqua River and the 
Province of Maine were of more concernment to the King for trade, 
present and future, and discovery of the country, than all New 
England besides, and other reasons as by the maps may appear. 



AMERICA AND WEST INDIES. 19 



1661. 



Whether it be not fitting, that a general Governor should go. 
The jurisdiction of those eastern parts may not be regulated 
by commission as formerly 30 years [ago] without complaint there 
or here, nor never questioned till 16-52. Boston would be a free 
state, His reasons. The Commissioners formerly and now living 
are Capt. Henry Jocelyn, Caj^t. Fran. Champernowne, Thos. 
Jordan, an orthodox Dean for the Church of England and of 
great parts and estate. John Giiford goes this year, Joseph Mason 
is there for Godfrey, who is too old to act, yet Oliver Godfrey, his 
son and gTandchild, being well versed in the country, will assist to 
the uttermost. Indorscil, " The information of Mr. Edward God- 
frey, sometime Governor ,of the Province of Maine, concerning the 
consequence of that Province and the usurpation of the Bostoners." 
2 2J2^- [Col. Papers, Vol.XV., No. 32.] 

March IS. 54. Minutes of the Council for Foreign Plantations. Mr. 
^'"^ w-^Ti"" °^ Froude to move the Lord Treasurer for expediting the payment of 
500/. remaining unpaid of the money ordered to Sir James Drax for 
the brandy wine [sic] shipped and sent for Jamaica. Messrs. Den- 
ham, Waller, Povey, and Noell to draw up a letter for New Eng- 
land like those sent to Barbadoes and Virginia, l;)ut with such 
alterations as they shall think suitable to the condition of the place ; 
the direction to be left to the King, i p. [Col. Papers, Vol. XIV., 
iVo. .59,^). 23.] 

Marcli 19. 55, to Henry Hobbes, Barnstaple. As for New Eng- 
land, though he has not yet altogether layd aside all thought of it, 
yet hardly thinks he shall go this summer, and whenever he goes 
it will not be so much the desire to see his father and friends there, 
though he is not without natural aflection to them, as mere necessity 
that shall drive him away. Neither is he for leaving the land till 
all means possible have been tried for their liberty, and till the 
cause and truth of God, which they profess, have been more wit- 
nessed to by suffering, which the -m-iter prays Hobbes to acquaint 
Mr. Bartlet withal, and to send word whether it was the father or 
son who spake to him concerning New England, for he purposes to 
write about it. [Extraet from Dom. Chas. II., Vol. XXXIL, No. 
113, 6'((/., ^j. .340.] 

March 2-5. 56. Minutes of the Council for Foreign Plantations. Mr. Fronde 
Inner Court of to speak with the officers of the Receipt of the Exchequer to ex- 
pedite the payment of .500?.. due to Sir James Drax for brandy sent 
to Jamaica. Letter drawn up by Mr. Povey and the rest of the 
Committee for New England to be engrossed, and said Committee 
to report on the several petitions and declarations concerning New 
England, that it may be presented to the King. Lord Berkeley, 
who presented Mr. Cleyton's proposals for transporting 1,000 able 
men to Jamaica, to de.sire Cleyton to attend on the 1st April. 200/. 
to be paid to Mr. Froude, Secretary, towards his charges, i ^). 
{Col. Papers, Vol. XIV., No. 59, p. 24.] 

B 2 



20 



COLONIAL PAPERS. 



]fi6L 

March 26. 57. Thos. Wilkes to the Commissioners of his Majesty's Navj-. 

:i..M.s. Conver- Set sail from Jamaica on Jan. 2.3rd last, and is wanting victuals. 

"""solmr""' ^^''^'^^ V po'^t the packet of Lieiit.-General D'Oyley, who, with all 
the people of the island, is in health. The place prospers with 
jilenty of all thini^^s, and many resort thither from the Windward 
Isles, but his Majesty's protection, commission, and laws are much 
wanted, especially hy the soLert-st sort of ]ieople, for the others are 
ready to mutiny. 1 y.. [Cid. Papers, YvJ. XV., Xo. -33.] 

Jlarch 28. 58. Copy of petition of John Clarke to the King, and inclosure 
[spr ,r,itr, Xo. 18]. Indorsed, Kec. from Mr. Sec. Nicholas the 28th 
of March lG()l,with directions from his Majesty that it he read 
at the next sitting in Council. 2 jip. [CoJ. Papers, Vol. XV., 
Xo. 34.] 

March 28. 59. John Clarke to the King. Humble and hearty thanks of the 
Colony of Rhode Island and Providence Plantations for the late 
grant bestowed upon them. Awaits the King's commands, lieing 
about to return to those j^arts. 1 /'. [('ol. Papers, Vol. XV., 
Xo. 3.5.] 



March 29. 

BarbadofS. 



60. Col. Humphrey Walrond to [Sec. Sir Edward Nicholas]. 
Is emboldened liy the reception of the late address of himself and 
the Council, begging the lecall of the King's late patents with regard 
to Barbadoes, and that whatever the King might do with the Earl of 
Carlisle's patent he would " not interest himself in each little office 
here, as to grant immediate commissions from England," but leave 
them to the disposal of the Governor, and the consent of the 
country, as used to be the custom, " till treason liy the treachery of 
Col. Modyford and his party found a way to tyrannize over us." 
Hears that Mr. Kendall and Mr. Colleton, to oppose Lord Willoughby, 
are offering in the name of the Council four per cent, on all com- 
modities to be paid to his Majesty if he will take into his hand the 
Earl of Carlisle's interest, and appoint Col. Modj'ford Governor. 
Entreats he will accpiaint the King that these gentlemen have no 
power from them to act so ; that the assumption of the Earl's patent 
by the King would give great satisfaction if he will not exact more 
than the Earl did, for so the people of Barbadoes would suffer an 
undesei-\'ed loss, as they were the first to proclaim his present 
Majesty immediately upon the news of their late dread Sovereign's 
horrid murder, and should have defended the island under Lord 
Willoughby had not Col. Modyford betrayed them. None would 
be more accejitable as Governor than Lord Willoughby. Should 
Col. Modyford be appointed " it would be no little discouragement 
to those who forfeited their lives and fortunes by a constant 
loyalty ;" his treachery in betra3'ing the island to the usurper and 
his jiersocution of royalists ever since, has rendered him odious to 
all honest people. Prays these evils may be averted from them. If 
further information in their affairs is desired it will be given by 
Mr. John Walrond. Indorsed, Received 2.5th May. 2 pp. [Col. 
Papers, Vol. XV., Xo. 36.] 



AMERICA AND WEST INDIES. 21 



1661. 
March ? 61. Col. Edward D'Oyley, Governor of Jamaica, to his kinsman, 

Sec. Nicholas. Has impatiently expected orders from his Majesty, 
how to carry him.self in this great and happy change, but in their 
absence has pursued his former instructions. Received on 4th of 
February last from the Governor of St. Jago upon Cuba, a letter 
with an order from Sir Henry Bennet, his Majesty's Resident in 
Spain, for a cessation of arms, and with it about SO prisoners. Has 
issued an order for the cessation. Saw a proclamation of peace with 
Spain in print on 9th February ; that very day the soldiers brought 
in 100 negroes from the mountains, being the last of 2,000 who had 
infested them since their arrival. This put him to another stand, 
for the negroes were the prize of the soldiers, who receive no pay, 
and know his want of authority ; whereupon he called a council of 
war, who adjudged that the Proclamation did not concern this side 
of the line, and if it did restitution might be made. Judged it 
therefore safest to let them alone, having already, by the order for 
cessation, sufficiently enraged the populacy, who live only upon 
spoil and depredations, and whom nothing but strict law and severe 
justice can keep in obedience. Hopes Nicholas has received his 
letter of the 11th September last. Indorsed, " Rd. 21 Junii 1C61, 
brought by Mr. Bird." li 2'>P- [Gol. Papers, Vol. XV., No. .37.] 

1G61 ? 62. Petition of Cecil Lord Baltemore to the King. Recites his 

former petition, and the proceedings thereon [see Col. Papers, Vol. 
XIV., No. 9, calendared, in Vol. I.,2)p. 481-2], with his Majesty's order 
(of 20th March 1660/1) to restore petitioner to his possession and 
rights in Newfoundland, but that he hath yet no satisfaction for the 
great damage done him by Sir David Kirke and others in dispossess- 
ing petitioner of his house, goods, and rights in the province of 
Avalon, and keeping him out of possession many years, to his preju- 
dice of above 20,000/. sterling, for which damages petitioner sued 
said Sir David Ivirke at his first return thence into England about 
ten years since, and laid him in prison, where he died before making 
any satisfaction to petitioner. That nevertheless Sir Lewis Kirke 
claims satisfaction for the charges wrongfully bestowed by his brother 
upon said provmce to petitioner's prejudice. Prays that persons 
may be appointed to examine petitioner's claim for damages and 
some order be given for his satisfaction. With reference, supposed 
to belong to this petition, to Sir Heneage Finch, Sir James Ware, and 
Sir Maurice Eustace, for their examination and report. [Col. 
Papers, Vol. XV, No. 38.] 

1661. 63. Minutes of the Council for Foreign Plantations. Upon com- 

A\n-i\ 1. ])laint of Sir James Drax and Messrs. Howe and Diggs that 500/. 
was still due to them for the brandy sent to Jamaica, Mr. Froude is 
requested to solicit the Lord Treasurer for speedy i:>ayment thereof 
The letter for New England to be engrossed by Monday next, so that 
it be presented to the King. Mr. Froude to solicit the Lord Treasurer 
for payment of 200?. due to several persons in order to the charges 
of this Council. 1 p. [Col. Papers, Vol. XIV., No. 59, pp. 24, 25.] 



22 COLONIAL PAPERS. 



IGGL 
[April 4.] 64. Petition of Ferdinando Gorges, son and heir of John Gorges, 
who was son and heir of Sir Ferdinando Gorges, to the King. His 
grandfather was chiefly instrumental in discovering and reducing New 
Englaml to the obedience and gdVfriuurnt of the laws of England, 
anil spent vast sums of money ih' r.-in, wliei'eby he exhausted the 
greatest part of his fortune. Kiiiu ( 'liarN's I., in the fifteenth year 
of his reign, gi-anted to petitioner's saiil grandfather, his heirs and 
assigns for ever, a patent of a considerable pai-t thereof, called the 
Province of Maine, containing every way 120 miles, with very 
many large privileges and immunities, and long before and since 
said grant petitioner's grandfather, at very gTeat charges, sent over 
several persons as his deputies to govern the same. That certain 
English inhabitants in New England called the Mathethewsits [Mas- 
sachusetts], taking advantage of the late rebellion here, have, without 
any colour of right, encroached upon the greatest part of the said pre- 
mises, and others, who at most were but tenants' under petitioner's 
grandfather, now claim the same as lords and proprietors, whereby the 
said patent, the greatest patrimony left him, will be rendered unpro- 
fitable mthout his Majesty's assistance. Prays the King to take this 
matter into his coiLsideration, or refer the same to the Council for 
Foreign Plantations. With reference to said Council for Foreign 
Plantations to examine petitioner's title and certify what is fit to be 
done therein. 1661, April -1. 1 p. [Col. Papers, Vol. XV., No. 
31, pp. 7, 8.] 

[April S.] 65. Petition of Henry Bernard de Caseres, Henry de Caseres, and 
Jacob Fraso to the King. His Maji'sty luiviiiu leceivcd a letter 
from the King of Denmark doiiiii- liiinty f ')■ tlh' pi titi.m.i-.s to 
live and trade in Barbadoes and Surinam, ami as tluir M'-iili-ncr in 
those places will rather benefit than jjrejudice the inhabitants, 
pray for this indulgence and for a pass. With reference to the 
Commissioners for Foreign Plantations to certify what they conceive 
fit to be done. 1661, April S. 4 />. [Col. Papers, Vol. XV., Xo, 
31, 2}P- S.9.] 

April 8. 66. Minutes of the Council for Foreign Plantations. Letter to 

Inner Court of [the Government of] New England. Notify their appointment as 
"^ ""■ a Council for the management of the Colonies. To give notice to 
the several Provinces of New England to meet together and consult 
on the matters contained in this letter. To yjroclaim his Majest_\' in 
the most solemn manner, and then apply themselves strictly to that 
conformity and obedience to his Majesty, from whence their consti- 
tution, government, and protection is derived, and as they desire to 
receive the benefits of his gi-ace especially in the Act of Oblivion, 
which restores seciu'ity to all who have been drawn by misap- 
prehension into disorder or disobedience to the royal authority. 
Complaints having been made that a jurisdiction is exercised beyond 
the limits and authority originally granted and contrary to the 
tenor thereof, by which some of the King's subjects are withheld 
from their just rights and others dispossessed of theii- freeholds and 
estates, and that there are certain rides of government repugnant 



AMERICA AND WEST INDIES. 23 



to the laws of England ; they are required Ibrthwith to proceed 
to such considerations and councils as may collect together such 
memorials of the condition of New England, as well the primitive 
and fundamental constitution and beginning thereof, as of the 
progTess and changes which have happened in any material 
things among them, that having informed themselves of their own 
proceedings, they may be able distinctly and prudently to vindicate 
themselves to be a people not miworthy of the large privileges and 
concessions bestowed upon and entrusted to them by his Majesty's 
predecessors, and of the favour, protection, and encouragement Avith 
which the King is ready to further their growth and increase, as 
they are become a great and considerable part of liis ii)dusti-ious 
subjects. They are directed to send a plain and untlMnlical answer 
to the matters here touched upon, and to add a drscriptiou of the 
model and frame of their Government, the extent of the Colony, 
and number of inhabitants, the nature of the ti'ade, and the im})rove- 
ments they are endeavouring. They are also required as very 
expedient to appoint and instruct prudent persons interested in 
their affairs to represent them whenever any concernments of 
New England shall be had in consideration here. 2 m^. [Col. 
Piqxrs, Vol. XIV., ^''o. 59, ^rp. 25, 2G.] 

April 10. 67. Order of the Privy Council on the Attorney-General's report on 
a petition of divers persons for propagating the gospel in America 
referred by an order of 14 Nov. 16(50 and draught of a renewed 
charter of said corporation. Giving power to purchase 2,000?. per 
annum, and liberty to transport yearly 1,000?. in bullion or foreign 
money upon making entry theieof in the port of London. Lord 
Yalentia to examine the list of names of the members of said coi'po- 
ration, and ofter same to this board. The Attorney-General to fill 
up the blanks in said draught of charter, and to add a clause vesting 
all lands, &c. heretofore given or bought to the uses in this charter 
in said corporation and their successors, with power to sue for and 
recover same and any arrears thereof 1 2>- \_Col. Paper.'i, Vol. XV., 
Xv. 3!t.] 

April 1:3. 68. Col, Eilward D'Oyley to the Commissioners of the Admiralty 
Jamaica, at Whitehall. Was forced, for want of provisions, to send the ship 
Bear home, for if he should not take hold of the season of killing 
turtle at Kiemanas, he must have been forced to have laid her up, 
and by what extraordinary courses he has maintained her all this 
time, the steward general will inform them. Hopes some more 
orderly course will be taken in future for the maintenance of the 
ships and forces kept here ; for the wants attending this design 
have quite tii'ed him, and he should faint did he not hope that relief 
was coming, to whom he Avill resign with much more pleasure than 
he has enjoyed the command. Ivdnrsril, " Rec. 17 July 1G61." 
1 /). [Col. Papers, Vol. XV., Xo. 40.] 
April 14. 69. F. Burghill to Sec. Nicholas. Begs he will once more move 
his Majesty in Burghill's behalf for Antigua. The King promised 
Lord Berkshire he should have it, and has granted St. Kitt.s and 



24 



COLONIAL PAPERS. 



April 15. 

The Lord 
Chancellor's 

Chamber, 

Whitehall. 



April 15. 

The Lord 

Chancellor'.s 

Chamber, 

Whitehall. 

April 17. 

St. John's, 
Jlarvland. 



April 29. 

Inner Court of 
Wards. 



April 29. 
[Ai,ril :5().] 



Nevis to Mr. Pickes, without taking any notice of Lord Willoughby 
[E:ct met from Dom. Chas. II., Vol. XXXIV., No. 57, Cal, p. 5G8.] 

70. Minutes of the Council for Foreign Plantations concerning 
provisions for Jamaica to be sent out in the Charity. List of same' 
including tools, utensils, oil, biscuit, meal, clothing, and fi.shing tackle, 
for which the 2,000^. designed for perfecting the fort of Cagway and 
the platform on the adjacent island is to be expended. Sir- James 
Drax and Messrs. Noell, Howe, and Kendall appointed a committee 
to confer with the Navy Commissioners and inspect their goodness 
and (piality. i 'p. {Col. Papers, Vol. XV., No. 41.] 

71. Minutes of the Council for Foreign Plantations. Duplicate of 
the preceding. Also, That Mr. Povoy be joined with Messrs. Noell 
and Kendall for amending the report on complaints of the misgovern- 
ment of New England. 1 p. [Col. Papers, Vol. XI V, No. 59, p. 27.] 

72. Ten Acts made at a General Assembly held at St. John's, in 
St. Maiy's county, beginning April I7th, IGGl, by Governor Philip 
Calvert, Esq., viz. : — 1. For encouragement of such soldiers as shall 
adventure in the defence of the country. 2. For the appointment of 
certain officers. 3. For military discipline. 4. Concerning the height 
of fences ; and, 5. The setting up of a mint (2). 0. For conveyance 
of all letters concerning the State and public affairs. 7. An expla- 
nation of that clause in an Act made by Capt. Willm. Stone, the 
29th April 1658, concerning the secretary and sherifis' fees. 8. For 
the repeal of the Act for customs. 9. Port for duties and masters 
of ships ; and, 10. Concerning the killing of wild cattle. Together 
9 p/). [Col. Entry Bk, No. 53, pp. 36-45.] 

73. Minutes of the Council for Foreign Plantations. Report of 
Messrs. Howe and Noell touching their inter\'iew with the Com- 
missioners and Officers of the Navy who have undertaken to pro- 
vide 2,000^. worth of commodities on his Majesty's account to be 
sent to Jamaica. The letter brought in by Mr. Povey to be sent to 
New England to be directed to the Governor and Council of the 
Colony in the Bay of the Matsatuchetts (sic), to be communicated to 
the other Colonies or Governments in New England in subjection 
to his Majesty. Mr. Froude to deliver said letter to the Secretary 
of State, as likewise the report on certain petitions and complaints 
to this Council concerning New England and the petitions and com- 
plaints themselves. Petitions of Ferdinando Gorges and De Caseres and 
others, referred to them by the King, to be considered on 13th May. 
1 p. [Col. Papers, Vol. XIV, No. 59, jx 28.] 

74. Copy of the preceding, liut without the names of the Coun- 
cillors present. [Col. Papcn% Vol. XV., iVo. 41.*] 

75. Another co]iy of the preceding report, though much fuller. 
After referring to tlie complaints and other informations received, the 
Council state that they have also informed themselves by sundry 
other means of tlie constitution and alteration of the Government 
of New England. They report that the Government of New 



AMERICA AXD WEST INDIES. 25 



1G6I. 

England have in these late times of general disorder strayed into many 
enormities, and invaded the rights of their neighbours ; they have 
exceeded and transgressed their grants and powers by enacting- 
laws and exercising an administration of justice repugnant to the 
laws of England and imposing unequal restraints in matters of 
conscience and divine worship ; their trade is no way managed to 
the advantage of his Majesty's crowai ; they pretend an exemption 
to the payment of customs and importing very little to the balance 
of their exportation ; that contrary to the policies and restrictions 
heretofore observed they have increased a stock of sheep to nearly 
one hundred thousand, whereby not only this nation and the manu- 
factures thereof are become less necessary to them, but they are 
likely to be so stored with wool that the Dutch, who trade freely 
with them, may supply themselves from thence ; lastly, that a 
company of citizens here, as trustees, receive money, purchase lands, 
and return the effects to a Corporation of New England, but the 
Council cannot get any information either fi-om these or from one 
Leveret, hitherto employed as an agent for the aflairs of New 
England, who says his agency has ceased, and he has no instruc- 
tions from thence ; by all which it appears that the Government 
there have imrposely withdrawn all manner of means for their affairs 
to be judged or dis])osed of in England, as if they intended to sus- 
pend their absolute obedience to the King's aTithority ; in the mean- 
while hoping that nothing will be done or attempted against them, 
while they are yet unheard and in no capacity to make their 
defence. This report concludes like the preceding, with the heads 
of a letter they have prepared for New England, as they have done 
for the other colonies. 4 pp. Inclose, 

I. Petition of divers persoTis tvho have been sufferers in 
New England to the Council for Foreign Plantations 
[see Cat., ante, Ko. 49]. 

II. Petition of Lyonell Copley, Thomas Foley, and others 
to the Council for Foreign Plantations [see Cal., ante. 
No. .50]. 

III., IV. Petition of Archibald Henderson to the Council 
for Foreign Plantations. With state of the injurious 
tisages, [see Gal. ante, No. 51]. 

V. Petition of Gyles Sylvester to the Council for Foreign 
Plantations [see ante, No. -52]. 

VI. lufm-unidon ofEdinn;] God/W>/. s,„i,drme Governor 
Ofthr Promirr of V^nu,' [,svr ,n,lr', Sn. :i;ij. 

VII. Capt. Thns.lUrnhu, t.,thf('uiuu:;i f,r Foreign Plan- 
tations [see ante. No. 45]. Together ^i pp. [Col. Papers, 
Vol. XV., Nos. 42, 42 I., II.. III., IV.]. 

I6G1 ? 76. Proposals by John Giffard. Through 20 years' knowledge of 

New England has gained the discovery and knowledge of mines 
there, not only of silver, copper, iron, kc, but also of precious stones, 
of which he gives an account. Indorsed by Sec. Nicholas, " Mr. 
Gitfard concerning America." 2 2^1^- [Col. Papers, Vol. XV., 
No. 43.] 



COLONIAL PAPERS. 



KJIU ': 

77. Calculation liy John Giftard of the expense of working a 
copper mine in New England. 2 pp. \_C'ol. Papers, Vol. XV., 
Ko. 44.] 

IGGl ? 78. [John CHftard {] to [Sec. Nicholas]. Towards effecting this 

discovery [nee precnjux artichi] presents for consideration the pro- 
ceedings in 1(J38 that were taken against the Massachusetts Bay 
patent, and the proofs showing how it had been violated ; they have 
acted repugnant to the laws of England ; they have allowed the 
King's coin to be bought and melted down in Boston to be new 
coined there, by which means they gain thi-eepence in every 
shilling, and lessen his Majesty's coin a full fourth. These mines 
have never been looked after. Through the motion of Parson Hugh 
Peters, England contributed 900Z. per annum to Christianise the 
Indians in New England, which money found its way into private 
men's purses, and was a cheat of Hugh Peters. If the King will 
allow 600?. thereof, and let the other 300/. go towards the first use, it 
will in a short time produce effect in this discovery. Indcrrscd 
hij Sec. Nicholas, " Concerning Massachusetts Bay in New Eng- 
land, and Hugh Peters' cheats." 3 i^^ij. [Col Papevs, Vol. XV., 
No. 45.] 

79. Petition of Capt. Arch. Henderson to the King. Has made 
many voyages to the West Indies and is well acquaiiitr,! w itli the 
designs of such persons as have appropriated large suui- 'A' f.'if.itrd 
money, ships, and goods belonging to the King; pra}s \\,v a ( 'om- 
mission to the persons named in the amiexed Schedule to " cairy on 
this business to yo^' Ma^^^ great advantage." Annexed, 

I. Names of the twenty -four persons to be inserted in the 
Commission above petitioned for. 2, pp. [Col. Po.pecx, 
Vol. XV., Xos. 46, 46 i.] 

ri(i(;l 80. Report of [the Council for Foreign Plantations] to the King. 

Aijril.] Have received divers complaints, petitions, and other informations 
concerning New England, which they offer to the considei'ation of the 
King and Privy Council, conceiving themselves to be in no capacity to 
o-ive^any judgment therein, having heard but one side. Recite the 
petitions of John Gifford and others, LyoneU Copley and others, Ai-chi- 
bald Henderson, Gyles Sylvester [.see ante, Kos. 50-52]. Complaints 
from Edward Godfrey, Robert Mason, and others, that the Massachu- 
setts have unlaA^^ully invaded the Provinces of Maine and Hantshere 
[? New Hamp.shire]. Captain Breedon's nan-ative [see Xo. 45]. They 
have considered the general state of things in New England, and 
have made ready a letter with all possible tenderness, avoiding all 
matters which might set the people at a greater distance or stir them 
to any fears or distrust that it is not safe for them to submit cheer- 
fully and wholly to the King's authority and protection, taking 
no notice of then- adherence to Gotfe and Whalley, nor pressing 
upon thenr the Act of Navigation. The Coimcil humbly remit 
all these matters to the further resolutions of the King and Privy 
Council, but think their letter should be sent speedily to prepare 



AMERICA AND WEST INDIES. 27 



IGGl. 



the people to such a compliance as must be necessary, as they are 
an English Colony, which ought not and camiot subsist but by a 
sul)niission to and protection from his Majesty's Crown and Govern- 
ment. Recommend, in case upon frirther intelligence, the Colony 
shall not appear to be settled in their due obedience, the employ- 
ment of Capt. Broedon, who hath a good estate and interest there, 
and seems to be a person prudent and fit for such a service. The 
letter prepared for New England, Capt. Breedon's narrative, and the 
several petitions are ordered to be presented with this report to his 
Majesty. 2 pp. Draft not signed. On the hach of this rcpoii are 
memoranda in2yencil by Sec. Sir Edtvard Nicholas. 

That a patent be prepared for Lord Willoughby to be Governor 
of Barbadoes and the Caribbee Islands for seven years, to execute 
the charge at his own cost and have half of all the profits, the other 
half to go for payment of Earl Carlisle's creditors. Lord Willoughby 
owner of Surinam ; if Governor of Barbadoes he might draw all 
planters from that island to Surinam and thus in time destroy 
Jamaica. It would be best for him to be Gov. of Sui-inam only. 
Liberty of conscience there. If he may be Count Palatine of Suri- 
nam. [Col. Papers, Vol. XV., No. 47.] 

May (j. 81. Governor Endecott's instiiictions to Thos. Kirke and Thos. 

Kellond, sent to the Governor of Connecticut and Deputy Governor 
of New Haven jurisdiction, or to the Chief Magistrates there. To 
deliver the several letters to John Winthrop, Governor of Connec- 
ticut, and Wm. Leete, Deputy Governor of New Haven jurisdiction, 
with enclosed copies of letter from the King to the Governor of 
New England, brought by Mr. Foster. To declare that the Go- 
vernor and Council of the Massachusetts jurisdiction met in March 
last, before the King's pleasure was otherwise known than by Pro- 
clamation, and issued their warrants for apprehending Edward 
Whalley and William Gofi'e, that so they might testify to the world 
how much they abhorred to entertain or conceal such persons, 
declared to stand convicted of having a hand in the execrable 
murder of the late King. To desire them to have thorough search 
made for Whalley and Gofte, and if found to bring them into the 
Massachusetts jurisdiction, impressing sufficient men well accoutred 
and horse to enable him to do so. To make diligent inquiry 
what Wlialley and GofFe have been doing, and where they have 
been, so that the King may have a true account thereof. To give 
bills for theii- expenses, which will be discharged by the Treasurer. 
All military commanders, constables, and other officers and inha- 
bitants, are to be aiding and assisting them, as they will answer the 
contrary at their uttermost peril. In case Wlialley and Goffe be 
gone into the Dutch jurisdiction, they are to deliver the letter and 
inclosure to the Governor there, and request he will deliver them 
up. Annexed, 

Governor Endecott to the Governor of Connecticut, the 
Deputy Governor of New Haven, and the Governor of Ply- 
mouth. That he has received a letter from the Kiugj dated 



COLONIAL PAPERS. 



IGGl. 



5 March 16G1, requiring diligent search for the apprehending 
of Colonels Edward Whalley and William Goffe, copies of which 
he incloses, being of equal concernment to them as to himself, 
as the gentlemen guilty of so execrable a murder have some 
while since departed this jurisdiction. Doubts not they will 
faithfully discharge their duty to the King as is desu-ed. On 
same sheet, 

Governor Endecott to Peter Stuyvesant, Governor of New 
Netherlands. In case Colonels Whalley and Goffe be come 
into his parts, as he understands they are, having tied from 
the justice of the English nation, he is desired to deliver 
them up to the bearers. Boston, IGGl, May 7. Certified copy 
by Edward Rawson, Secretary. Printed in Netv York Docu- 
ments, III., 41. N.B. — The Minute of Council and the warrant 
annexed to No. 82, are here pasted to the back of Governor 
Endecott's two preceding letters. 2 papers. \(!ol. Papjers, 
Vol. XV., Nos. 48, 49.] 

May G. 82. Another copy of Governor Endecott's instructions to Kirke 

and Kellond, with the two lettei-s annexed as above. Also, 

Minute of the Council of New England, directing the Secretary 
to issue a warrant to Edward Michelson to make diligent search for 
the apprehending of Whalley and Gotfe. Boston, 16G1, March 8. 

Warrant to Edward Michelson, Marshal-General, or his dejmties 
above mentioned. Boston, IGGl, March 8. 

Certified copies l;iy Edward Rawson, Sec. Indorsed, Boston. 
From the Government there to Mr. Sec. Morrice, about Gofie and 
Whalley, the regicides, and what industries were used to find them 
out. [Col. Papers, Vol. XV., Xos. 50, 51.] 

May 7. 83. ilinutes of a Committee [for Foreign Plantations] concerning 

Barliadoes. The inhabitants will give no less to the King than 
they did formerly to the Earl of Carlisle. Cotton and tobacco were 
formerly the commodities of those parts, now sugar is the chief 
commodity. The Earl of Carlisle's patent of small validity, but 
the King will take order that that patent shall not prejudice his 
Lordshii). Four per cent, has been oflered by some, but Lord 
WUloughby will use the best means to increase the King's revenue. St. 
Christopher's, half English and half French. Antigua is 300 square 
miles, St. Christopher's, Montsenat, and the Caribbee Islands, 1,500 
square miles in extent. Col. Watts is Governor of St. Christopher's ; 
Col. Osborne of Montserrat. Surinam is 350 leagues from Barbadoes. 
It yields as good sugar as Barbadoes. Lord Willoughby has 
expended at Surinam nearly twenty thousand pounds. The King's 
interest in Suiinam extends to the Orinoco ; the whole tract of 
land is about 350 square leagues with 1,000 inhabitants. Lord 
Willoughby desires 30 leagues for himself and his heirs, but the 
Committee think it too much for one mau. " Let Lord Willoughby 
go Governor of Barbadoes, and after a while when he is weary 
there then go to Surinam." The Attorney-General to prepare a 
patent for Lord Willoughby to be Governor of Barbadoes, and 
Commissioners to be appointed to be sent with him to settle the 



AMERICA AND WEST INDIES. 29 



1661. 

Government there. In Sir Edv. XichohiA hand. -pp. [Col. 
Papers, Vol. XV., Xo. 52.] 

May fl-10. 84. Minutes of the Council of Barbadoes. That the Assembly join 
Barbadoes. with the President and Council in a public address to the King and to 
the Lords of the Council, or Commissioners for Foreign Plantations, 
that no person may be received to act on behalf of the inhabitants. 
The Assembly desire that their further answer concerning the two 
and four per cent, may be suspended, until further order for their 
settlement arrive from England. 
May 10. The two Committees appointed to expunge from the Statute, 
Council, and Assembly Books anything found derogatory to the 
King's authority, being found inconvenient, a Committee of four 
from the Assembly with Col. Dan. Searle and Wm. Kirton added 
from the Council are now appointed. 
May ? Answers to be sent to the several clauses of the letter from the 

Council for Foreign Plantations to Lord Willoughby. There are 
two regiments of horse and four of foot militia, the officers serving 
at their o^vn charge and the men like the trained bands in England ; 
the forts and guns are maintained at the public charge, the public 
charges are defrayed liy a tax on imported liquors, supplemented 
when neccssaiy by a levy. The Government consists of a Governor, 
Council, and Assembly consisting of two burgesses from each parish ; 
the island is divided into five precincts, each with four judges, who 
decide everything according to the laws of England, supplemented 
by some .special ones concerning slaves, servants, &c. ; the lands are 
held in free soccage. The colonels are to make a retm-n to the 
President as speedily as possible of the blacks and whites, freemen 
and servants, in their divisions, and the churchwardens of the free- 
holders in their parishes. If supplied with .3,000 sei-vants yearly, 
Jamaica and other Colonies can be furnished with freemen. Sugar 
is the principal commodity, some parts aflbrd cotton, the country is 
too barren for indigo, and ginger (at the present price) is not worth 
planting. The Secretary is to furnish a list of ships arrived last 
year, and whither bound. Will prosecute the late Act of Navigation, 
but beg that the King's ships may not caiTy off ships lying in their 
ports to the Admiralty Court in England, but have them tried 
before the courts of record here. Will alwa3-s give their best 
assistance for jiromoting the Colony of Jamaica, and use their 
utmost endeavour to suppress all lewdness and debauchery. There 
are 11 parishes, for one of which there is no minister to be had, and 
others are supplied with imordained ministers, but if the Archbishop 
of Canterbury will send them some able^ religious ministers, 
12,000 lb. of sugar yearly will readily be contributed, besides other 
conveniences. All in peace and quiet. Desire a common seal for the 
island, or else that the hands and seals of the Governor and two of 
the Council may be good in anj' law court in England. [Col. 
Entry Bl:, Vol. XL, pp. 44-52.] 

May 11. 85. Petition of the President, Council, and Assemrnly of Barbadoes 
to His Majesty's Commissioners for Foreign Plantations. That sugar, 



30 COLONIAL PAPERS. 

IGGl. 

the chief and almost the only manufacture Lj- which the inhaliitants 
subsist, is grown to so inconsitlcrable a value that many miist quit 
the island unless his Majesty and the Parliament of England grant 
their desires for increasing the value of that commodity. That 
they may have liberty to transport their produce in English 
Ijotloms to any port in amity with his Majesty, giving security to 
pay the lawful customs. To advance the value of foreign money, 
and re-coin it, as well as bullion, to any value they think fit ; and 
that no applicatiorLs or addresses from private individuals may be 
received. — With reasons for granting the same. 1. If all the com- 
modities of the island be by the new Act (of Trade) forced into one 
market, the result will be a glut, and a still further fall in the value of 
sugar. 2. The prices of servants, negroes, cattle, horses, and dry 
goods, being doulik- what they were, must ruin the planters. And 
3. The tradr with foicign parts in English .ships cannot prevent the 
increase of lii> .Majisty's slapping and navigation; and all countries 
having by expi viinrnt i'cmnd that a control of the currency is the 
only true measure and encouragement of trade. Signed by Hump. 
Walrond, President of the Council, and John Burch, Speaker of the 
Assembly. 2^ 2U^- [^ol. Entry Bh., Vol. XL, p. 4.5-47.] 

May lo. 86- Minutes of the Council for Foreign Plantations. The letter en- 
Inner Court of grossed for New England, also the report on certain petitions and 
Wards. complaints delivered to Sec. Sir Edwd. Nicholas on 30th April. 
B. de Caseres and others to bring in the letter from the King 
of Denmark with their petition [,S'ee Xo. Go], when the Council 
will report thereon. Committee appointed to consider Ferdi- 
nando Gorges' petition and the several patents concerning the Pro- 
vince of Maine, to receive examinations and testimonies concern- 
ino- the several rights thereto belonging, and report on same. 1 p. 
{Col Papers, Vol. XIV., Xo. .59, p. 29.] 

j\Iay 17. 87. Minutes by Sec. Sir Edw. Nicholas of business to be transacted 
at the Council Board. The letter prepared by the Council of Plan- 
tations to be sent to New England, being read at the Coimcil Board, 
l)ut not thought fit to be sent now, nor at all by the Council of 
Plantations. A Committee of tlte Council Board to consider of a 
proclamation of pardon : two sliips to be sent thither, and to let the 
peojile know the KiiiL; takes them into his protection; some person 
to be sent with antlioiitv to driuand Whalley and Gofte. Warrant 
for the Duke of Yoik to' ho Admiral. 1 p [Col. Papers, Vol. XV., 
Xo. 53.] 

May 17 88. Order of the King in Council. Appointing the Lord Chan- 

Whitehall. cellor, Lord Treasurer, Lord Privy Seal, Duke of Albemarle, Duke of 
Ormond, the Lord Chamberlain, Earl of Anglesea, Viscount Saye and 
Sele, Lord Holli.s, Lord Cornwallis, Sir Edw. Nicholas, and Sir 
Wm. Morrice, Secretaries of State, a Committee touching the settle- 
ment of the Government of New England ; to meet at Worcester 
House on Tuesday next, for the purpose of framing letters, procla- 
mations, or orders for the King's signattu'e, and from time to time 
as they shall appoint. Directions to the Attorney-General to insert 



AMERICA AND WEST INDIES. 



31 



in the charter for [Propagation of the Gospel in] New England, 
which he has been instructed to prepare, the following names, which 
were this day approved at the Board, viz. : — 



To be added :— 
Lord Chancellor. 
Lord Treasurer. 
Lord Privy Seal. 
Duke of Albemarle. 
Lord Steward. 
Lord Chaniljerlain. 
Earl of Angiesea. 
Lord Vise. Saye and Sele 



Memliers of the Corporation of 

New England now in l)eing : — 
Alderman Francis Warner. 
Erasmus Smith, Esq. 
Hemy Ashurst, Treasurer. 
Richard Hutchinson. 
^Joshua Woolnough. 
George Clarke. 
Thomas Speed. 
Thomas Bell. 
John Rolfe, Gentn. 



Names of New Members. 

Dejiuty Tho. Staynes. 
Deputy John Juryan. 
De|)utv Wm. Antrobus. 
John i3athurst. 
Harman Sheafe. 
Thomas Gillibrand. 
James Hayes. 
John Benbow. 
Lawr-ence Brinsley. 
Barnabas Meares. 
John Acrod. 
John Dockett, Gent. 
Edw. Biscowen, Mercht. 
Martin Noell, Gent. 
Xo. 223. 3 pp. [Col Entry 



Robt. Boyle, Esq. 

Sir Wm. Thompson, "] 

Sir Wm. Bateman, | 

Sir Anty. Bateman, J>Knts 

Sir Theop. Bydolfe, \ 

Sir Lawr. Bromlicld.J 

Alderman Tempest Milnei'. 

Alderman William Love. 

Alderman William Peake. 

Tho. Foley, Esq. 

Dr. Thomas Cox. 

Dr. John Micklethwait. 

Dr. Trench. 

Dr. Charles Doyley. 
Sec Patent dated 7 Feb. 1GG2, Xo. 223. 3 pp. [Col Entry Bl:, 
Vol. ZX., pp. 1-3.] 

[May 17.] 89. Representation to the King of "the suflerings of our friends 
in New England, and also the request and desire of the exiled for 
thee to consider of with all speed." Eighteen instances of whipping, 
imprisonment, fining, &c. are described in separate paragraphs. One 
is signed by N. N. IJpshall, an inhabitant of Boston, who for speak- 
ing against cruelties to Friends was banished from his wife and 
children, and hath been prisoner a whole year because he returned : 
another is signed by Sam. Shattock, an inhabitant of Salem, who 
had half his house and land sold while in prison, and was afterwards 
banished on pain of death. They desire that they may not in future 
be abused, and that they who are exiled and the rest of their friends 
may quietly enjoy their habitations, whose principle is to do violence 
to no man. Signed by Thos. Coveny, Th. Moore, Giles Sylvester 
and Ellis Hookes. There is a further request signed by Samuel 
Shattock, Nicholas Phelps, and Josiah Shatwick, that having been 
banished on pain of death from their families two years, only for 
conscience sake, and shipmasters being prohibited from taking over 
any called Quakers upon penalty of 100^., something may be done 
to secure the shipmaster froni damage, and they may return, there 



32 COLONIAL PAPERS. 

166L 

being two ships ready to sail for Boston ; this opportunity lost it 
may be next year before another occurs. They all desire that 
their grievances may be referred to the Council for Plantations 
and something be done. AVith minute that the King in Council 
was pleased to order that the petitioners' desires should be referred 
to the Council for Foreign Plantations. "WTiitehall, 1661, May 17. 
2 i,p. [Col Papers, Vol. XV., Ko. 31, j^^- 9-11-] 

90. A compendious representation of several cruel and inhuman 
sufferings inflicted upon the people of God called Quakers under 
sentence of the magistrates of New England in that country, upon 
the account of four Acts passed at Boston the 14th Oct. 16-56, 14th Oct. 
16.57, 20th May 16-58, and 20th Oct. 1658. Upon account of the first 
Act 28 persons were cruelly whipt, "only for coming into that 
Government " ; on the second three had their ears cut by the hang- 
man in prison, " contrary to the law of God or man," and one woman 
was whipped aged about 60 years ; on the third law several were 
imprisoned and fined great sums of money for peaceably meeting 
together to worship God ; and on the fourth law 22 were banished 
upon pain of death because they were called Quakers, four of these 
were put to death. Se^'eral apjieals Avere made to England by the 
persons persecuted, which the Governor and magistrates denied, 
" who would not own that England anything to do with them.' 
It has also been ordered that they that had not to pay the fines for 
not coming to their worship shall be sold for Ijondmen and bond- 
women. Indorsed, "R[eceivGd] 6 Sep^'"*? 1661, Jo. Pewts. Papers 
concerning the laws in New England touching Quakers." 3 'pp. 
[Col. Papers, Vol. XV., No. 54.] 

May 17-20. 91. Minutes of the Council for Foreign Plantations. Mr. Pym, 
Inner Court of gir John CoUeton, and Mr. Kendall, with others, appointed a com- 
'' '^' mittee on Gorges' petition, not having time sufiicient, adjourned till 
Monday next. 

May 20.— Report of Mr. Froude that he had attended the Prin- 
cipal Secretary of State with the letter and report for New England, 
wlio gave answer that the letter for New England being a matter 
of State, the Lords of the Privy Council would take it into consider- 
ation, and to that purpose a committee of their Lordships was 
appointed for the management thereof Petition of B. de Caseres 
referred for consideration, as also further proceedings on Gorges' 
petition. Representation of the Quakers of their sufferings in New 
England, refei-red to this Cormcil by the Privy Council, being read, 
Messrs. Boyle, Povey, and Diggs are appointed a committee to con- 
sider thereof and draw up a paper to be presented to the King. 
[Col. Papers, Vol. XIV, No. -59, p. 30.] 

May 22. 92. Order of a General Court of election held at Boston. Being 
Boston. desirous to try all means, with as much lenity as may consist with 
their safety, to prevent the intrusion of Quakers, " who, besides their 
absurd and blasphemous doctrines, do like rogues and vagabonds 
come in upon us," and have not lieen restrained by the laws already 
provided. It is ordered that every such vagabond Quaker found 



AMERICA AND WEST INDIES. 33 



within any ]iart of this jurisdiction shall be apprehended, taken 
before a magistrate, and being adjudged a wandering Quaker, viz., 
one that hath not any dwelling or orderly allowance as an inhabitant 
of this jurisdiction, and not giving civil respect by the usual gestures 
thereof, or by any other way or means manifesting himself to bo a 
Quaker, shall be stripped naked from the middle upwards, tied to 
cart's tail, and whipped thi'ough the town, and from thence imme- 
diately conveyed beyond our jurisdiction as the warrant shall direct, 
and in case of returning again to be subject to such further jiunish- 
ment as this order sets^forth. [Col Fiiprrs., Vol XV., No. 5.5.] 

May 22. 93. Order of the General Court at Boston. That Wendlocke 
Boston. Christopherson and all the Quakers now in prison be forthwith 
acquainted with the new law made against them, that they be 
released from prison, and sent from constable to constable out of this 
jurisdiction. Judah Browne and Peter Peirson for their contempt 
in court to be tied to the cart's tail by the executioner and whipped 
through Boston with twenty stripes apiece and then sent with the 
rest. If any be found after twelve hours within this jurisdiction 
they are to be proceeded with according to law. Certified copy by 
Edward Raivson, Secretary. On same sheet, 

Order of the General Court at Boston concerning Quakers, 
dated 27 Nov. 1661. See No. 192, i. [Col. Papers, Vol. XV., 
Xo. 56.] 

1661 ? 94. Petition of Edward Bradbourne, the elder, to the King. 

Sets forth his ser\-ices and losses in the royal cause from the first 
beginning of the late troubles to the value of 30,000/. ; that Thos. 
Noell who is in possession of the ofliee of Secretary in Barbadoes is 
willing to surrender his grant which his Majesty upon a petition 
delivered by Lord Culpeper promised to the petitioner ; prays for a 
confirmation of the office to John Dawes, one of the gentlemen of the 
Privy Chamber, for his life, in trust to the use of the petitioner and 
his assigns, to be executed by Edw. Bradbourne the younger, who is 
on the place, or any other deputy whom Dawes may appoint. 1 j). 
[Col. Papers, Vol. XV., No. 57.] 

[May 27.] 95. Petition of the President, Council, and Assembly of Barbadoes 
to the King. They have read two Letters Patent under the Great 
Seal creating John Dawes Principal Secretary, and Fras. Cradock, 
Provost-Marshall of the island ; they had always been accustomed 
to appoint their Secretary until the " usurping tyrant " invaded 
their privileges, and as the Secretary is Keeper of the Kecords 
of all grants touching their lands, it is very important that they 
should have authority to bind him to the faithful discharge of his 
office. Pray the recal of the King's Letters Patent, and permission 
to dispose of said places with consent of the Governor. Indorsed hy 
Sec. Nicholas, "Received 27 May 1661." 1 p. [Col. Papers, Vol. 
XV., No. 58.] 

May 29. 96. Thos. Kellond and Thos. Kirke to Governor Endecott. They 

Bostou. left Boston on 7th May, arrived at Hartford the 10th and gave 

Gov. Winthrop his letter and the King's order for apprehending 

M 605. c 



34 COLONIAL PAPERS. 

IGGl. 

Colonels Whallcy and Gofte, who said they did not stay there but 
went directly for New Haven, one Symon Lodell guiding them ; 
the Gov. can-ied himself very nobly to them and promised all 
diligent search should be made after them, which was afterwards 
performed. Ai-rived at Guilford 11th May; the Deputy Gov. 
William Leete said he had not seen the two Colonels in nine weeks. 
Information from Dennis Scrauton that "Whalliy and (UAYa were 
harboured in the house of one Davenport, a ministi r in >»'iw Haven ; 
that one Goodman, Bishop of the to^vn of Guilford, was able to give 
the like account, and that Deputy Leete knew as much. Account 
of the delays they met with, and their supposition that Leete was 
unwilling to assist in the apprehension of Whalley and Goffe, but 
wished to give them time to escape, " he wished he had been a 
ploughman and had never been in the office, since he found it so 
weight}'." They afterwards went according to their instructions 
to the Governor of the Manhattas, from whom they received civil 
respects and promises of assist^ance, but said he could not answer 
to Gov. Endecott's request before sending to his masters at home, 
but would give him tunely notice if Whalley and Goffe came there. 
With affidavits dated SO'th May and 4th June, signed by Edward 
Rawson, Secretary, that Kellond and Kirke delivered this paper 
to Gov. Endecott as a true report of their proceedings; and of 
Samuel Martyn of Weathersfield, Connecticut, employed by Gov. 
Winthroji to "wait on Kellond and Kirke. 2 ^ip. {CtA. Pupers, 
Vol. XV., No. 59.] 
May ol. 97. Order of the Privy Council on repoi't of the Council for 

Whiteliall. J"(-n-('ign Plantations of 24th instant, touching a paper delivered to 
the King by sundry persons called Quakers, read at the Board 17th 
instant. Referring the representation of the sufferings of their friends 
in New England, and their recpiest and desire, together with said 
report of the Council for Foreign Plantations to the Committee for 
New England for their report. 1 p. [Col. Entry Bk., No. GO, p. 4.] 
May 31. 98. Petition of Henry Earl of Sterling to the King. That King 
James, by Letters Patent of 3rd November 1G20, granted all that 
continent of America, between 40 and 48 degrees of N. latitude, 
called New England, to the Dukes of Lenox and Buckingham, and 
others, persons of honour and worth, and incorporated them by the 
name of the Coimcil for the affairs of New England. That said 
Council by their deed of 22nd April 1GS5, granted to petitioner's 
grandfather, Wm. Earl of Sterling, an island called Long Island, 
which petitioner's grandfather, father, and himself have respectivelj- 
enjoyed and at great cost planted, but of late divers Dutch have 
intruded on several parts thereof, to the King's disherison and 
petitioner's prejudice. Prays for a confirmation of his said 
inheritance, and that in any future treaty with the Dutch, they 
submit themselves to the King's Government or depart those pai-ts. 
With reference to the Council of Plantations, who are directed to 
certify what is fit to be done for the petitioner's satisfaction in 
order to the good of his Majesty's service in that island. Whitehall, 
1661, May .31. Printed in New York Documents, III, 42, 43. 1 jj. 
[Col. Papers, Vol. XV, Xo. 81, p. 11.] 



AMERICA AND WEST INDIES. 35 

1661. 

May ? 99. Petition of Thos. Chiffinch, Capt. John Browne, and Thos. 

Rosse, to the King. For the office of receiver of his Majesty's rights, 
dues, and customs for the Caribbee Islands, as formerly executed for 
Barbadoes by Capt. James Browne, uncle of one of the petitioners. 
1 'p. \_Gol Papers, Vol. XV., No. GO.] 

May. 100. Grant to John Bro\\nie, Thomas Rosse, and Thomas Chiffinch, 

of the office of Receiver General of the customs, excise, rights, and 
duties in the Caribbee Islands during pleasure. [Dom, Chas. II., 
Docquet,p. 112.] 

June 3. 101. Minutes of the Council for Foreign Plantations. Petition of 
Inner Court Barker and a paper of reasons annexed, also another paper of 
"' ''"' "■ proposals formerly presented by Col. Tuke being debated, a Com- 
mittee is appointed to consider of the best ways of encouraging and 
furnishing people for the Plantations, and how felons condemned to 
death for small ofl'ences and single persons, men and women, found 
to be sturdy beggars, may be disposed of for that use, and to consider 
of an office of registry for same, and for the preventing of stealing 
of men, women, or children from their masters and parents ; and 
that the justices of the peace may be empowered at the general 
sessions or assizes to dispose of loose and disorderly people for the 
supply of the Foreign Plantations. Petition of the Earl of Sterling 
touching part of New England and Long Island refen-ed by the 
King is read, and the Earl of Sterhng ordered to attend on Monday 
next to make good his petition. f j^- [Ool. Papers, Vol. XIV., 
No. .59, pp. 30, 31.] 

June 5. 102. Petition of the General Court of New PljTiiouth to the King. 

They present themselves and their address in all humility for the 
Bang's gracioixs protection, and the confirmation of their religious 
and civil liberties and privileges confen-ed by patent by his Royal 
grandfather (who well knew the ends his servants aimed at in their 
transplantation), and since further enlarged by his most illustrious 
father to them the first colony of his Majesty's subjects in New 
England, " who did hither transport ourselves to serve our God with 
a pure conscience, according to His will revealed, not a three days 
journey as Moses, liut near three thousand miles into a vast howling 
wilderness, inhabited only by barbarians," yet part of the King's 
dominion, which they chose rather than live under a foreign state, 
where yet they had liberty of conscience. They willingly over- 
looked all difficulties and discouragements, and through many hard- 
ships have lost many of their dearest relations, the living scarcely 
able to bury their dead, yet not \vithout hopes that God might 
make them stepping stones for others more fit for such a work. In 
forty years they have made a wild wilderness a peaceable habita- 
tion, a barren in some measure fruitful, a desert sowed with the 
seed of man and beast, and all this in peace vnth the enjoyment 
of gospel liberties, which enjoyment " is our penny at first pro- 
pounded, more than this we crave not with like solicitousness. This 
will content us without murmuring, though we have borne the heat 
of the day ; less than this we camiot with comfort live upon," which 

c 2 



16 COLONIAL PAPERS. 

IGGl. 

if his Majesty confirm as his Royal pregenitors have, " we say with 
him it is enough our Joseph (or rather) our Charles is yet alive." 
Original signed hjj Tlios. Prenco, Govei-nor, in the name and with 
tlie consent of the General Court. hi<l<>r^tcih Received in Council 
(ith Marrli lGGl-2. [Col. Papn'^. Vul XV., Xo. (;].] 
June 11. 103. Minutesof the Council for Fdreign Plantations. Every mem- 

inntT Court lier of this Council is desired to bring in the best information he can 
° "■'' "*• of the condition of Jamaica, on Monday next, and to request any 
]iersons they mav know lately come from thence to be then present. 
]j;,>l. Papc'rs, Vol. XIV., Xo.'oQ,'p. 31]. 
[.June I't.] 104. Petition of 17 poor widows and soldiers' wives to the King 
and Council. By the death and absence of their husbands in 
Jamaica, petitioners and their children have been reduced to a most 
deplorable condition, having never received any pension or other 
relief, though they have been long and earnest suitors, to their 
great charge and expense. Pray to be partakers of such relief as is 
intended to pooi' widows and others at the Savoy, or sonae other 
relief. Indorsed, Received June 14, Read June 2G, IGGl. 1 p. 
{Col. Papers, Vol. XV., Xo. G2.] 
June l-i. 105. Richd. Whitiii-, captain of the Diamond, to the Navy Com- 

missioners. Has arri\i'(| -atMy at Jamaica, where he anchored the 
2'.lth of May, exjicctiiiL;- iluily ordei's from the Governor here; all 
in good condition in the ship ; not one of the company hath lieen 
lost. Will not fail from time to time to advertise their Honours 
of his proceedings in these parts whensoever opportunity shall be 
offered. [Dam. Chas. II., Vol. XXXVIL, Xo. 53, Cul, p. 8.] 
June 14. 106. Narrative of the buying and forfeiture of a shipload of nc- 

Jamaica. groes. On June 14, 1661, Col. D'Oyley, then Governor of Jamaica, 
received into the harbour of Cagway a Dutch ship laden with 180 
negroes ; and being desirous to make a profit for himself out of them, 
calleil tlie ( 'duncil and uigi'd tliem to vote a trade with the Dutchman, 
tlidugh cniidMiy to tile .Act of Parliament, saying that the negroes 
were iiiucli iictMli'd, anil that the only penalty was his loss of office, 
which he had virtually hjst already; but, grateful for his Majesty's 
favour, the Council refused to infringe the Act, which so enraged 
the Governor that he told the Council they refused because they 
themselves were poor and could not buy, but, however, he would 
forthwith buy them all, which he did within two or three hours. 
Whiting, commander of his Majesty's frigate Diamond, seized said 
ship ; but the Governor made " rescue and retrivall," and sold 40 of 
the negroes to Major John Coape, a Quaker and ancient rebel, and 
the rest, at great price, to a Spanish ship, to which he also gave a 
safe-conduct. For this the Council called him in question, and 
desired to know by what powei- or leason of state he had acted, to 
which ho repHed that he lirooked not such interrogatories, that he 
could not forget he had been a General, though it was for the rebels, 
that Captain Whiting's commission was not in force where Governor 
D'Oyley commanded, and that he was not accoiuitable to the 
Council, but would answer to his Majesty at home. 2 p. [C'ol. 
Papers, Vol. XV., Xo. 63.] 



AMERICA AND WEST INDIES. 37 



ICGl. 
June 17. 107. Minutes of the Council for Foreign Plantations. Report to be 
pivsL'iitoil tu the King that it is the humble opinion of this Council 
that the soldiers in Jamaica, reserving 200 men in pay, forthwith 
become planters, each private soldier to have an allotment of 50 
acres, and an increase to officers, a colonel to have 500 acres ; also 
30 acres to be allotted to each man's wife or servant above the age 
of 14. Such soldier planters to reserve their arms ; Jamaica to be 
exempted for seven years from paying custom on any commodity 
except sugar, tobacco, cotton, and indigo. Also, as a further en- 
couragement, that all born, or to be born, of English parents, and 
their children in any of the Foreign Plantations, to be declared by 
Act of Parliament to be naturalised to all intents and purposes 
whatsoever. Petitions of Lord Sterling, B. de Caseres, and others, 
also the representation of the Quakers to be considered on Monday 
next. 1 p. \Col. Papers, Vol. XIV., Xo. 59, jjp. 31, 32.] 

June IS. 108. Orders of the Governor and Council of Jamaica. Present: 
Point Ca<riia. Edward 1 )'( ivlcv, ( it >vernor and President ; Colonels Samuel Barry, 
[Jamaicii]. pj^ju^^ Wnui ai'nl luehard Wilbraham ; Lieut.-Col. Henry Archbold ; 
ilaj'irs 'rht)iuas I'aiifax and John Coape ; Secretary Richard Povey ; 
and Captains William Valet, Thomas Ballard, Cornelius Burroughs, 
John Harrington, and Humphrey Groves. That there be two courts 
of judicature, one to be held at Port Morant, and the other at Point 
Cagua, and another at St. Jago de la Vega. Times of meeting. 
Each man of the Council to be a justice of the peace, who shall 
choose three or more constables. All hunters to be called in within 
one month, and no one permitted to hunt, or kill cattle, or keep a 
gang of dogs, ixnless he have ten aci'es of land planted, and has a 
license. No person to kill wild horses or any wild cattle. That no 
bi-andy be sold or bought before the King's brandy is disposed of, 
and that sugar shall pass at 25s. per cwt., cocoa at 4d. per lb., and 
tobacco at 4(7. per lb. That merchants shall not sell a less quantity 
of brandy than 10 gallons, of Spanish wine than a ^ cask, or of 
French wine than a hogshead on penalty of forfeiture to the in- 
former. The impost for wine to be 21. per pipe, brandy 6f?. per gall., 
beer 1?. per tun, and other cargoes Is. per ton. No one shall penn 
horses without licence. Major Hope to be a justice of peace in his 
quarter. No hired servant shall leave his service without a fort- 
night's notice. That Mr. Coveney be referred to Major Coape and 
his officers, to provide a maintenance for him. That Capt. Burroughs 
and Mr. Povey see what can be raised on the Point for Mr. John's, 
and report thereon. That every officer coming to the Point repair 
to the General, to know when the Council sits, which shall be once 
a fortnight. Every justice of peace on .the Point to send word to 
the Governor who he thinks fit to be licensed to sell drink. Ensign 
Hodskins to be surveyor and sealer of merchants' commodities and 
allowed 2 per cent, for the same. That the inferior ofiicers of Guina- 
boa have sole licence to pen horses on that side of the water, which 
are to be sold in " overt market " within a week of their capture, at 
not more than 40s. a head. No one to be employed with a boat 
or wherry without licence. Col. Wilbraham, Capt. Burroughs, and 



38 COLONIAL PAPERS. 

IGGl, 

Mr. Povey, to report how a maintenance may be raised for the 
Govei-nment and other public charges, wliich they ett'ected as 
follows : — 

(lOO pipes of wine imported per aim., at 2/. - 1,200?. 

10,000 oaU. brandy „ „ at C,d. - 2.50?. 

100 tuns beer „ „ at 1/, - 100/. 

20 ships (say) „ „ at Is. per ton 100?. 



1,650?. 



To be disposed of as follows, vizt. : 800?. to the Governor, 200?. to a 
prison, 200?. to the judges, 80?. for a storehouse and other charges, 
150?. to a church and court-house, 1-50?. for contingencies, and 60?. 
for a court-house and prison at Port Morant. That for every special 
court the parties concerned .shall paj^ 5?. besides court fees. That 
the vote concerning the advance of money be suspended for a month. 
And that inferior oiScers imder Major Fairfax have the Cocoa walk 
after this crop be in. -5 pp. [Col. Entrij Bl:, Ko. 34, p/). 1-5]. 

June 18. 109. Copy of the preceding orders of the Governor and Council 
of Jamaica. [Col. Entry BL, Xo. 87, pp. 1, 2.] 

June IS 110. Acts passed in the island of Jamaica, viz. : — For Establishing 

to end of Courts of Judicatiu-e ; for the Regulating and Establishmg the 
1663. Provost- Marshall's Office and Fees ; for Rejiairing and Mending the 
King's Highways and Bridges ; for the Maintenance of Ministers ; 
for the encouragement of the Inhabitants of the Island in Recovering 
of their Debts and Buying of Servants ; for the better Regulating 
of Boats and Wherries and their respective Employers ; Port Royal 
late called Point Cagua ; for Preventing of Idle Livers ; for "the 
better Regulating the Inliabitants and Hunters in the remote parts 
of this Island ; for the Encouraging of the Produce and Manufacture 
of this Island ; for the encouragement of Planters, and Prohibitions 
to the public Levies of Men and Aims upon Foreign designs ; for 
Importing Servants and Passengers into this Island ; for Dividing 
the Island into several Parishes and Precincts ; for preventing of 
retailing of strong Liquors by all unlicenced Persons ; for Marriages, 
Christenmgs, Churchings, and Burials ; for the confirming divers Acts • 
of the Governor and Council of this Island, and repealing all other 
Acts and Orders ; for the punishing and ordering of Negro slaves ; 
for the Regulating and Establishing the Secretary's Office and Fees ; 
for preventing neglect and fraud in receiving Customs and Public 
Money. An additional Act for the speedy raising a Public Treasury 
in this Island ; for the speedy raising of a Public Treasure ; for 
issuing money out of the Public Treasury ; to prohibit the transport- 
ing of several Commodities out of this Lsland in a plantable or grow- 
ing condition ; for appointing Rates for the Goods of this Island ; for 
the raising of a Public Revenue out of all strong Liquors imported 
or to be imported into this Island ; for the establi.shment of the 
office of Surveyorship in this Island ; and for the settling of the 
Militia. 30 pp. [Col. Entry BL, Ko. 37, fol. 33-50.] 



AMERICA AND WEST INDIES. 39 



1(J61. 
[June 22.] 111. Statement of the case of Thomas Temple and William 
C'l-owne, and how they lieeame proprietors of Nova Scotia. In 1656, 
when the Lord de La Tour was compounding with Cromwell to get 
his coimtry of Nova Scotia again, but not being able to pay what 
■ Cromwell required, he requested Temple and Crowne to undertake 
it for him, and so by the advice of Sir Orlando Bridgeman, La Tom- 
by deed conveyed all his right and title in Nova Scotia, with all his 
profits and privileges, to said Temple and Cro-mie and their heirs 
and assigns for ever, the consideration to pay 1,800?. to Cromwell's 
soldiers, then in La Tour's forts ; 3,376?. 1 8s. to the relict of Major 
Gibbons, of New England, for redemption of mortgage on La Tour's 
fort of St. John's, the 20th skin of all furs taken within said 
coimtry, and the 20th part of the increase of the earth, free from all 
charge. Accoixlingly they took possession and built houses, and to 
regain a house taken by the French cost men's lives and lO.OOOZ. 
La Toiu-'s title : — As a discoverer 55 years since, where he built 
hi.s fort upon the river of St. John, and hath continually dwelt. 
In 1621 Sir Wm. Alexander obtained a grant of all Nova Scotia to 
him, his heii's and assigns for ever, with power to create baronets 
to encourage planting, which in 1625 was confirmed by Chai'les I. 
In 1630 Sir Wm., then Lord, Sterling, conveyed part of Nova 
Scotia to La Tour and his father, and their heirs and assign.s for 
ever, with certain privileges under the Great Seal of Scotland, and 
both Lord La Tour and his father were made baronets of Nova 
Scotia. Lord Sterling two or three years after surrendered Port 
Royal to the French, for which the King " gave him the Great Seal 
for 10,000/., not yet paid as 'tis .said." Port Royal was not within 
La Tour's grant from Sterling. The French made war upon La Tour 
at Fort St. John ; he mortgages it to Major Gibbons at New Eng- 
land, but during his absence his fort was surprised by one Doney 
[D'Aulney] of Port Royal, his men were put to the sword, and his 
lady was poisoned. La Tom- repairs to the King of France for 
justice, but on his retiuii to Port Royal finds D'Aulney dead, 
and Port Royal and Penobscot were surrendered to La Tour on his 
marrying D'Aulney's widow, and he has enjoyed that part ever 
since. Major Sedgwick without orders takes La Tour's forts, kills 
his men, demolishes his chief fort, plunders him to above 10,000?. 
in value, and brings liim to Cromwell, who restores La Tour to 
his forts and country ujDon payment of the sums aforesaid. La 
Tour for constant adlierence to the King of England and being a 
Protestant is condemned as a traitor in France, and if taken will 
sutler death, and therefore doubts not of receiving protection in 
England. Temple and Crowne, the proprietors of Nova Scotia, 
present certain proposals to the consideration of their Lordships [the 
Committee of Foreign Plantations], that they be reimbursed the 
moneys they have paid, or keep the whole trade to themselves, 
paying to the King 5 per cent, on all goods carried out of the 
country. They implore a suitable strength against the natives, that 
they may remain where they have purchased and built in said 
country, and have liberty to collect their debts from the Indians, 
which are above 1,000?. There are no families considerable upon 



10 COLONIAL PAPERS. 

IGGl. 

the jilace Liit tho two ]iro])rictors. luilorsriJ, " Received 22 June 
KIGL" :5 yv-. [C.l. I'nprrs, Vul XV., Nn. 04.] 

June. 112. Report of the Committee of't'oiiiicil apiioiiitid l.y the King 

to examine the pretensions of such peis.'H-- .-i- chiini inti i\-st in Nova 
Scotia or L'Acadie. Thos. Elliot, thr plaint ill', clainis l)y a warrant 
from his Majesty. Thos. Temple and Wm. Crowne, the defendants, 
hy right of discovery, the King's grant, and many years' possession. 
The Committee, having upon the 17th of this present June heard 
the several parties, find :— That on 10th Sept. 1621 King James 
granted Nova Scotia to Sir Wm. Alexander. King Charles con- 
tinued this grant 1625. Sir Wm. granted on the 12th April 1630 
to De La Tour part of the territories, by the names of two baronies, 
St. Estienne and La Tour, on condition they should remain faithful 
to the King of Scotland. A deed of 20th Sept. 1656 from La Tour 
recites the former grant, and grants to Tho. Temple and Willm. 
Crowne all the lands, paying the 20th of all pelts and profits of 
the earth ; and of this they have since been possessed. In 1639 
Sir Claude and Sir Chas. St. Estienne, father and son, were made 
1 )aronets of Nova Scotia for good service. Port Royal and Penobscot 
were granted by the French for 30,000/. damages about St. John's 
Fort, and the French King has condemned La Tour as a traitor. 
They yield the Dominion of Nova Scotia to the King, and the power 
of sending a Governor, and offer 5 per cent, customs to support the 
charge. Quebec they claim not. Mr. Elliott's counsel allege : That 
the King was not in possession at the time of his grant, so his grant 
is void ; and that Sir Wm. Alexander's grant to La Tour is void, the 
French being then in posse.ssion ; in 1629 the English took all; in 
1632 the French were restored, and La Tour was made Governor ; 
in 1656 Cromwell having recovered it, passed it to La Tour, Temple, 
and Crowne ; La Tour held it against Cromwell for the King of 
France ; Sir Wm. Alexander's grant to La Tour is void, because to 
an alien. Elliot's counsel desire the government and trade as it was 
granted to Temple and Crowne liy virtue of the King's warrant. 
Ilcply : The King may grant by tlic \;\w of nations what he is not 
in jMissL'ssion of, and emjiowcr to tal<c pusscssion. He that discovers 
and yields a country to tlie King of Scotland is therein equal with a 
native of his dominions. To give free trade to strangers would 
overthidw tlie Plantation, but if it be judged of public advantage to 
discourage and remove the present planters after so many years' 
settlement, they desire that the 5,712?. which they paid to those 
Ijefore them for damages and purchases of tho propriety may be 
first paid to them. Indorsed, " Report of tho Committee of Council 
for Nova Scotia, 17 June 1661." 2 jtii. [Cul. Papers, Vol. XV., 
Xo. (■,-,.] 

June 17. 113. Copy of the jireceding. Indorsed I,,/ Joseph Williamson, 
Nova Scotia, tntt tnihoat dale'. [Cnl. I'ap, rs^Vvl. XV., No. 66.] 

June. 114. Anotlicr copy of the above s'ajiud R[icliard] B[lathwayt]. 

ir;/// ,1 ,iu lunrandum, That by an agreement between Sir Thos. 
Tem]ile and Wm. Crowne, dated 12th Sejitember 1657, it is 



AMERICA AND WEST INDIES. 41 

1661. 

provided that Crowne shall possess all lands westward from the 
mouth of the River Dumache alias Machias for 100 leagues into 
the country, to Muscentus on the confines of New England, and 
into the sea 30 leagues with all islands, and particularly the Port of 
Pentagouet or Penobscot, and the sole trade with the natives. That 
Temple shall have the sole trade on the River Dumache for the 100 
leagues mentioned, provided Crowne pay at the due terms five 
moose and five beaver skins, as pai't of the honorarium due to 
Cromwell and heirs, and the 20th part of all furs and fruits to Sir 
Charles. Signed Stephen La Tour. " Memorandum. The interest 
of Maj. Edward Gibbons." Indorsed, The case of Elliot, La 
Tour, Ci'owne, and Temple, abt. Nova Scotia. Sh pp. {Cul. ]\(pers, 
Vol. XV., No. 67.] 

me 22-26. 115. Proclamations of Edward D'Oyley, Governor of Jamaica : — 
Concerning the sale of a certain proportion of brandy sent by the 
King for raising money for the fortifications on Point Cagua ; con- 
cerning the duties on wines, spirits, and beer which shall be sealed, 
and any counterfeiting the same to stand in the jiillory and lose 
both eare. 

June 25. — Regulating the sale of liquors. 

June 26. — Concerning licenses to wherrymen with the names of 
twenty per.sons so licensed ; appointing Ensign Thomas Hodskins 
judge in matters in dispute relating to the sale of sugar, tobacco, 
and cocoa ; concerning the hunting or killing of cattle and hogs. See 
Orders of the Oovernor and Council, ante, No. 108. 9 pp. [Col. Entrj 
Bks., No. 34, 2)p- «-16, and No. 37, 2>P- 3-5.] 

June 2-1. 116. Minutes of the Council for Foreign Plantations. Mr. Bird, 
lately cow.e from Jamaica, to go with Mr. Froude to the Secretary of 
State to inform him of the condition of the island and that he be 
desired to impart nothing of his information to any other. Lord 
Sterling's petition again referred for consideration, and Sir William 
Glasscock to report upon the title set forth in said petition. Messrs. 
Boyle and Povey to report on petition of de Caseres and others to 
the Privy Council. Mr. Froude to deliver report concerning the 
Quakers brought in by Mr. Povey to the Secretary of State, i p. 
[Col. Pa^yers, >o/. XJV, No. 59, p. 32.] 

June 24. 117. Petition of Michael Bland, John Filking, Nicholas Halford, 
Thos. Howard, John Paris, and Edmund Huddle, in behalf of the 
officers and soldiers returned by order fi'om Jamaica to the King. 
Truly supposed to be ilisaH'cctcd, tlicy witc in 1 (;.",4 inonnv.l and sent 
by Oliver Cromwell tn tin- Wr-t In^lirs; aft.r tlic iv.luci mriit of 
two regiments into one, and tlirir misciics nnd siilirriiigs euntiuuaU3'- 
increasing, were discharged to return for England, where some have 
starved, others are in gaol for debt, and most in like dano-er ; some 
have i-eceived a small part of their pay, but it proved rather 
prejudicial than advantageous. Considering that Jamaica i.s annexed 
to the Crown, as they understand, and that the oflicers and soldiers 
of Dunkirk have been considered, beseech his Majesty to consider 



42 COLONIAL PAl^ERS. 

IGCIL 

their number (being about 340 persons who were established with 
the army of Englaml, and their arrears already stated by courts, 
upon orders of the Council under the late power), and to order 
some course for their satisfaction. This petition was rei'erred to 
the Commissioners for the Ai-my and recommended to Parliament. 
[Dom., Chas. II., Vol. XXXVIII, No. 4, Gal, p. 16.] 

June 27. 118. Minutes of the Council for Foreign Plantations. On view 
^"f w^X'* '^^ their former report of 17th inst. resolved that a further report on 
Jamaica lie presented to the King, that every person with land 
allotted to him shall have a grant of same from the King rent free 
without payment for seven years, after which to pay five per cent, 
on all native goods exported, upon penalty of twenty times the 
amoimt. Also that 400 foot and 1.50 horse soldiers be kept on half 
pay for preservation of the island, and that two ships be constantly 
plying upon that coast ; that the Ai-chbishop of Canterbury and 
the Bishop of London choose five able ministers to be maintained 
there at the King's expense foi' one year, at 100?. each, and the 
Governor to settle a competent hvelihood for them in time to come. 
And that the King issue a Proclamation declaring upon what 
encouragements people may plant upon the said island, provideil 
they be Protestants. Signed 62/ Philip Froude, Secretary. InJor.-icJ, 
Bead and ai)proved, July 3, IGCl. 1 p. [Col. Papers, Vol. XV., 
No. 68.] 

June 27. 119. Copy of preceding. [Col. Papers, Vol. XIV., No. 59, p. 33.] 

June 29. 120. Warrant to pay Thomas Holder the sum of 90/. for the 

King's additional adventure in the business of Guinea. [Dom., 

CJias. II., Docqucts, Cal., p. 22.] 

June. 121. Warrant to pay Thomas Holder, or whom he shall appoint, 

the sum of 2501. for his Majesty's adventure in the business of 
Guinea. [Dom., Chas. II., Docquets, Cal., p. 25.] 

July 1. 122. Minutes of the Council for Foreign Plantations. That it 

be declared in the King's Proclamation for the encouragement of 
planters upon Jamaica that they shall be governed by the laws of 
England. The report and propositions touching supplies of servants, 
that is to say, of persons condemned by the law, vagrants, and others 
to be sent to the Foreign Plantations referred for consideration. 1^ p. 
[Col. Papers, Vol. XIV., No. 59, pp. 33, 34.] 

July 2-3. 123. Orders of the Governor and Council of Jamaica. That the 
Point Cugiui. persons apprehended for mutiny be tried by court-martial. That 
all trespass actions committed before May 29 last be utterly remitted, 
and that Captain Robert Dey be released from imprisonment. 

July 3. — That the foimer orders concerning rum, sugar, and ham- 
mocks be still in force, viz., one half to be forfeited to the King, and one 
half to the informer. That Major Fairfax, Captain Burroughs and Mr. 
Povey report on Lieut. Edgoose's business. That an attempt be made 
for trade with the Spaniards on Cuba. That certain Acts of Barbadoes 
be in Ibrce here, viz., servants imder 18 years to be bound for seven 
years, and over 18 for five years ; that such as lay ^'iolent hands on 



AMERICA AKU WEST INDIES. 



1G61. 



their masters shall serve two years after their time ; and such as 
beget a woman-servant with child, shall serve her master three 
years. That no ship shall unload until her master hath been with 
the Governor; no person leave the island witliuut his name be up in 
the Secretary's office 21 days, all uiidi r\\ riiiii-s cleared; and that 
any servant marrying .without his ina^tLi's cuisent, shall serve four 
years after time. That 50^. be raised for repairing the storehouses, 
to be paid when the pig lead and two copper guns are sold. That 
40 licenses to sell drink be granted to the inhabitants of Point Cagua, 
10 for the towTi, four for Passage Fort, three for Lygonee, two for 
Yallah, and two for Port Morant. That Quartermaster Hoy have a 
barrel of beef and 200 lbs. of bread for his present relief That 
marriages, deaths, and burials be recorded in the Secretary's office, 
and no mmister to marry without the Governor's license. The 
commander of each regiment to send two persons to assist Mr. 
BLspham in siu-veying the stores, and making a dividend thereof to 
the army, iron and guns excepted. Tliat Major Fairfax and Capt. 
Burroughs sm-vey and report on the stores, and be satisfied for their 
trouble out of the sale of goods, [f 'o?. Entry Bks., No. 34, jyp. 5-8, 
and iYo. 37, 'pp. 2, 3.] 

July 3. 124. Proclamations of Edward D'Oyley, Governor of Jamaica, 
concerning the duty on the tunnage of shipjiing trading to the 
island, and the transj^orting persons from off the island, and pro- 
hibiting any but the Provost- Marshall from going on boai'd a ship 
until the master has been with the Governor, under a penalty of 
500 lbs. of sugar. [Col. Entry Bl.s., Xo. 34, p. 17, and Ko. 37, 
p. G.] 

July 3. 125. Orders of the Governor of Jamaica regidating the length of 
service of servants at the end of which they shall receive 400 lbs, 
of sugar ; for the punishment of servants assaulting a master or 
mistress ; imposing j^enalties for the seduction of maid servants ; 
prohibiting any merchant to trade without security first given, or to 
leave the island, or take away any person without a ticket from the 
Governor, under a penalty of 500 lbs. of sugar ; regulating the 
transporting of persons wishing to leave the island, names to be first 
set up in the Secretary's office twenty-one days ; and concerning the 
marrying of servants during the time of their apprenticeships. 
3i ^.v>. [Col Entry Bh., Ko. 34, [p. 17-20, and No. 37, pp. 
0,7.] 

July 3-4. 126. Propositions of the President and Council [of Barbadocs] 
for the consideration of the Assembly, "wath answers. 1. To consi<ler 
the particulars in the letter received from Sir James Drax : the 
Assembly conceive that their late jietition to the Council for Foreign 
Plantations is as much as needful at present to be done. 2. To 
take a speedy course for jiayment to Mr. Hart, to whom 36,000 llis. 
of sugar is due for the King's Proclamation for General Sessions, 
and all other charges at the meeting of the President and Council : 



44 COLONIAL PAPERS. 



tlie A>s.iiili]y oilier Henry Hart to deliver his account to the Com- 
luittc- of till' I'ulilic Treasury who are ordered to pay what is due. 
3. 'J'liat tlh' 'I'nasurer's account Vje paid: said Committee ordered to 
view said account and ])ay what is due. 4, 5. That speedy coui-se 
he taken for repair of the gaol ; also of the forts and gun-carriages : 
as soon as the Assembly see what the country's stock is, care will he 
taken to have the prison repaired, in the meantime it is desired that 
persons of judgment be appointed to view and report what the 
charges for repair of the forts may amount to. Signed by Geo. 
Thornburgh, Clerk of the Assembly. To the 6th proposition, 
earnestly desiring that an Act may now pass for repealing all Acts 
that have been made since the rendition of this island, and for con- 
firmation of such new Acts as shall by the President, Council, and 
Assembly be thought fit : the Assembly returned no answer-. 

July 4. — Propositions [of the President and Council of Barbadoes] 
to the Assembly. Copy of those calendared in the following abstract. 
No. 127, ending On this finding no hope of good to be done we 
dissolved the Assembly inti-ndiuu' to issue out writs suddenly for 
the election of a new. ' '< ////'m/ < oy/f/ 6^ Thos. Bartlett, Dep. Sec. 
Iii<h,rsr,], For the Secretarv of State. 2 pp. {Col. Papers, Vol. 
XV.,Xo.CA).-] 

July 4. 127. Propositions (of the President and Council of Barbadoe.s) to 

the Assembly : — 1. That a petition be .sent to the King against the 
Act of Trade, so far as concerns sugars, and against the propositions 
of 4 per cent., and to pray that they may have theii' lands as hereto- 
fore in free soccage, paying an impost of 2 and 4 per cent. ; (2) that 
a handsome present be sent to the King along with said petition ; 
and ; (3) that some one be employed, with a competent sum of 
money, to negociate their business at Court. Also, 

Letter from the President and Council to the Assembl}-. As 
they have already approved of the propositions, it Ls hoped they will 
act fuilher for the good of the country, by abolishing the law of 
outcries, against the oppressions of which all the people of the 
island cry out ; if they will not do this, the President and Council 
cannot imss the Act of Laws presented to them. Fear there is a 
faction amongst the Assembly in league with their enemies in 
England, and if their consent cannot be obtained, shall be forced, 
though with extreme grief, to dissolve an Assembly which has sat 
so long, and done nothing for the country. Also, 

The answer of the Assembly to the preceding letter. The first 
three proposals they thought good, but did not consider the present 
time convenient, as they daily expect the King's further commands. 
As to the law of outcries, it was agreed on nem. con., and therefore 
there could be no faction in it, and was considered necessaiy for 
the honour and credit of the trade of the place. They abhor and 
detest the charge of uniting with agitators at home to the prejudice 
of the inhabitants ; and shall never be fright from the faithful dis- 
charge of their trust by menaces of being dissolved or the refusal 
to pass the Act for enforcing those laws made for the good of the 
island, and as they have been informed by the Clerk of the Council, 



AMERICA AND WEST INDIES, 45 



16G1. 



already consented to. Upon which tlio President and Council <lis- 
solved' the Assembly on Dth JulylGOl. Z pp. [(ul.E,itn/Bk., 
Vol. XT., p. .53-oG.] 

Jidy C. 128. John Dooke to Lowrie. Has just received his letter, and 

Uarbadoes. heard of John Foster's ari-ival. All dilioence A\ould he used to 

make ^ood the mistakes complained of in his accounts, for which 

his wife was to blame, because she had not given him notice of the 

goods in her possession, i p. [Col. Papers, Vol. XV., Ko. 1.] 

July 10. 129, The President and Council of Barbadoes to [Sec. Nicholas ?]. 

Barbadoes. Thcy have ]n-esumed to present a petition to the King, preferring 
their complaint against the unfit behaviour of the Assembly towards 
them, which they entrust to Nicholas to communicate to his Majesty 
at a seasonable hour. They hold their authority by the King's 
maiidaimi^ for Ldid WillmiMldiy, who a|ipointed Hump. Walrond and 
eiuht otlii Is \n li,' Ills ( 'dimcil, all of whom have signed the petition 
exci'pt Sii- Itieliai-d P.cis ['Pearce], who is dead, and Col. Henry 
Shelley, gone to England. They continue to exercise their autho- 
rity, although the King has invested the proprietorship of the island 
in himself, being confident that his Majesty would not leave the 
people without government, and would have declared his will if he 
intended them to " surcease " the administration thereof; but if his 
Majesty order the cessation of their oflice, they will cheei-fully 
submit to such authorities as he shall appoint over them. They 
fear the condition of the island has been rejJresented to the King- 
far richer than it is, and that offers have been made to raise taxes 
greater than the people can well beai', which would grieve his good 
subjects in Barbadoes. The land is ranch poorer, and makes much 
less sugar than heretofore, and much worse ; the people generally 
poor and vainglorious, making ostentation of riches which they 
have not. All people are so generally indebted to the merchants 
that they have but a small portion in their own estates. Sugar is 
at so low a rate that the merchants send no goods to Barbadoes, but 
only empty shii)s to take away the sugar, which if they send away 
on their own accounts yields so contemptible a rate, for the merchants 
having them in their power can give what they please, and sell it 
for what they list, for they have the market to themselves, " and 
make us simple planters only the property of their gain, and sell 
the poor for bread, and the rich for shoes." Pray to be released 
from the regulations of the Act of Navigation, ami, lest his Majesty's 
revenue should be diminished, propose that a Custom House be esta- 
blished in Barbadoes, where the duties shoirld be paid before the 
ships leave ; and that no produce be exported except in English 
bottoms. If the Government of the island do not faithfully observe 
these conditions, let the Act of Trade be imposed again without 
redemption. They beseech the King not to impose the tax of four 
per cent., and that his Majesty will not be a harder master to them 
in their poverty tlian his nobility were in their best prosperity ; 
that they may enjoy their lands as formerly, paying the imjjost of 
two and four per cent., the proprietors paying all public charges ; 
and that they may hold their lands in the former tenure of free 



46 COLONIAL rAPEKS. 

166L 

soccage at the rent of one pepper-corn per annum if demanded, 
as was long since bargained and contracted with the former pro- 
prietor in a full assembly of the country. Those who would counsel 
his Majesty to bm-den and uiicvc liis •j;n>)i] people of Barbadoes they 
fear are both in their AsseniMy and nt Iidhi'', who, conscious of their 
own guilt in formerly betrayin-' tlu' island, liope to obtain a pardon 
by ingratiating themselves into the King's favour, though to our 
absolute ruin, and so to creep back to that power which they had 
in the rebels' time ; but they trust the King will not [give] us poor 
innocent sheep to the keeping of the wolf Have therefore peti- 
tioned that the Lord Willoughby may be sent to govern them, 
knowing he would scorn to wrong those in one hair or mite who 
the King hath pardoned. Reasons for their having dissolved the 
Assembly : — They have sat six months and done nothing for the 
coimtry, but adjourn from time to time in hope of change. They 
refused to join in the annexed petition, so were dissolved as unpro- 
fitable members to their countiy and obstructors of that good which 
might be done for the people, but upon no pei'sonal or private 
animosities whatever their correspondents at home may suggest. 
They had also reftised to grant a present to his Majesty or to give 
support to some " loyal confident " to carry the petition to the King. 
The Council therefore &y to' his Majesty for relief, and pray the 
intercession of the Secretary of State in then- behalf, for which 
their poverty and disappointments enable them only to promise 
their eternal gratitude. Signed by Hum. Walrond, Daniel Searle, 
Tho. EUice, Ja. Browne, John Yeamans, and Will Kirton. Annexed, 

129. I. Petition of the President and Council of Barbadoes to the 
King. That they hold their power from his Majesty, and 
are desirous of laying before him the true state of island 
and of drawing up a petition against that clause in the 
Act of Trade relating to the transporting of then- sugar, 
which is their utter imdoing, and against the tax of four 
per cent, now proposed ; also of sendiug a handsome 
present to his Majesty, in charge of a " loyal confident " 
of the island. To all which the Assembly, though they 
considered them for the benefit of the country, refused 
their assent on the plea that they expected a change in 
tho Government. Wherefore they had dissolved the As- 
sembly with the intention of calling another, if possible 
of more temperate and public spirit. Sec. Nicholas will 
communicate to his Majesty their further grievances. 
Prays that Lord Willoughby may be sent out as their 
Governor, and that the King would gi-ant them his 
favour. 1061, July 10. Sig-ned as above, also by Edmund 
Reade. Indorsed, Received 27 August. Together 4 ^)^). 
[Col. Papers, Vol. XV., Nos. 70, 71.] 

[July 12.] 130. Petition of the planters, merchants, mariners, and traders 
in Barbadoes, to the King. That several of them have laid out the 
greatest part of their fortunes in imju-oving the trade and planta- 
tion of said island, which now and for some time ha^* emplo3'ed 



AMERICA AND WEST INDIE!- 



two hundred sail of shipping yearly : that scarce any island in the 
world (known to petitioners) yields so great a revenue or employs 
so much shipping and stock : that the price of sugars has thereby 
been reduced from 3?. lOs. per hundred to less than half : that sucli 
is the flourishing and increasing state of said Plantation, that on a 
few hours' warning they can arm 10,000 men, all the King's subjects, 
on the island ; and it is a nursery for planting Jamaica, Sm-inam, 
and other places : that the destruction of said island would not 
only be the ruin of the petitioners, but also in a great measure ruin 
to the stock, navigation, and shipping of England, as also to the 
King's revenue of customs : that such has been the increase and 
uumerchantableness of the sugai's lately made, that the value of 
said commodity is utterly destroyed, not yielding above one or two 
and twenty shilhngs per hundred. Pray that such countenance be 
given to said commodity as maj^ answer the duty of thirtj^ shillings 
per hunckedweight fixed upon all unpurged sugars of said islam!, 
so that none may dare to make that which is unmerchantable, nor 
any be permitted to sell what shall be imported under the \n-ic(i 
cun-ent. Annexcc^, 

Order of the Privy Council referring aliove petition to the 
Coiincil for Foreign Plantations for their report. Wliitehall 
1661, July 12. 3 ^jjj. [Col. Pcq^ers, Vol. XV., No. 31, j;^j. 12-1-1.] 

July 15. 131. Orders of the Governor and Council of Jamaica. All mar- 
riages, deaths, and burials to be recorded in the Secretary's office. 
The wheriy-men every Sunday to take turns in carrying over Mr. 
Johns to Passage Fort for 6<./., on pain of forfeiting their licenses. 
The justices of peace of Guanaboe to nominate a person to sell 
drink at the Cowhides. Mr. Townes to assist Mr. Long in making 
an inventory of Col. Philip Ward's goods. Col. Saml. Barry to be 
judge of the court to leeward of the precincts of Yallah. [Col 
Enfrii Bis., Xo. M, pp. 23, 24, and Xo. -il.pp. 7-0.] 

July 1. 132. Report of tlie Council for Foreign Plantations to his Majesty. 

That the follo\ving may be the heads of a letter to Ije sent in the 
Charity, which is instantly going to Jamaica : — That his Majesty is 
resolved to provide for the security, supplies, and improvement of 
the colony ; and considering its ft-uitfulness, .situation, and capacity 
of being made the most eminent plantation of all his Majesty's 
distant dominions, will cheerfully countenance all overtures for 
rendering it more considerable ; and understanding that Col. D'Oyley 
is pressed by private affairs to leave the island, to advance its repu- 
tation his Majesty has appointed Lord Windsor, Governor. Mean- 
time the present Governor and Council are to lay up in the public 
stores the provisions sent in the Charity, principally if not only f jr 
the repairing and finishing of the fort. 1 -». [Col. Pupers Vol XV 
iVo. 72.] '^ i -. .. ., 

July 18. 133. The King to the Governor and Council of Jamaica. To the 
Whitehall, same effect and almost in the same words as the preceding report 
of the Council of Foreign Plantations, countersigned by Sec. Nicholas 
1 p. [Col. Papers, Vol. XV., Xo. 73.] 



48 COLONIAL PAPERS. 

166L 
July 19. 134. Declaration of the President and Council of Barbadoes to 
the inlialiitants of their reasons for dissolving the late Assembly. 
As nia'4istrates are not magistrates for themselves, but for the good 
of the jieople, it is but rational that the people should have an 
account (in fit measure) of the transactions in which they are con- 
cerned, and therefore to prevent false rumours a true account is now 
pul)lished of the reasons for dissolving the late Assembly. The 
President having received a letter from Sir James Drax that persons 
at home were persuading the King to impose a tax of 4 per cent, on 
commodities, alleging that it would bring in 2-5,000?. per annum, 
" a strange wild computation," three propositions were sent to the 
Asseml )ly, to which was returned this short answer [s'-e an fr, Ko. 127]. 
The Assembly is accused of " a hope of change, as now at least they 
plainly tell us," and of theii' wishing to have either the King of 
Spain or other foreign prince as their proprietor. The President 
and Council solemnly declare they have no personal animosity or 
prejudice against any of said Assembly, but seeing they were unwil- 
ling to join in what was thought necessary for the pulilic good, they 
have been dissolved and writs issued for the election of a new 
Assembly, and it is hoped that unbiassed persons and those in 
obedience to the King and careful of the pulilic good will be sent 
up by the respective parishes. Signed by Hum]ihrey Walrond. 
5 pp- [Col Entry Bk., Vol. XL, pp. ,56-GO.] 

July 20. 135. Grant to Thos. Lord Windsor of the office of Governor of 
Jamaica during pleasure, with the yearly fee of 2,000/. payable out 
of the Exchequer. His commission is dated 2 Aug., see No. 14.5. 
[Dom., Chas. II., Docquet Bk, p. 127.] 

July 20-21. 136. Proclamation of Edward D'Oyley, Governor of Jamaica. 
That the former order concerning hunting was only intended to 
prohibit such as make it their business to destroy cattle ; all persons 
really intending to settle may have license from a justice of the 
peace to hunt hogs. For the undeceiving and clearing of all con- 
troversies in trade, ordered that from June 26 last all bonds, bills, 
and contracts shall be payable and recoverable according to the 
literal words written upon them. 

July 21. — Granting license to Quartermaster John Hoy to hunt 
cattle with a gang of dogs not exceeding 25, he being inca]iable of 
maintaining himself and family by any other means. \^Col. Entry 
Bis., No. 34, pp. 21, 22, and No. 37, 2). 7.] 

July 22. 137. IMinutes of the Council for Foreign Plantations. Petition 
Inner Court of the merchants, planters, mariners, and traders in Barbadoes, 
of Wards, i-yfeived by an Order in Council of 13th inst. July, read, and a com- 
mittee appointed to report thereon concerning a law made in Bar- 
badoes for raising the goodness, credit, and price of sugars made 
uyion that island ; for preventing deceipt in factors, and on the 
merchants' propositions to contract for sugars here at the rate of 
30,s. per cwt. 1 p. \Col. Papers, Vol. XIV., No. 59, j^ 35.] 

1661 ? 138. Petition of Jacob Jeosua Bueno Enriques, a Jamaican Jew, 

to the King. For license to work a copper mine in the island, if he 



AMERICA AND WEST INDIES, 49 



1661. 



can discover it, of which he lias heard from a Spaniard named 
Domingo Fran". Platero, formerly a resident on the island, who was 
brought to Cagway Point with other Spanish prisoners by the French 
buccaneers of San Domingo. And that ho and Josef and Moise Bueno 
Enri(|ues may use their own law and hold synagogues. Sjxtnitih. 
3 2}p. [Col. Papers, Vol. XV., Ifo. 74] 
July 24. 139. Grant of denization to Daniel Bueno Heni-iques, merchant, 
native of Spain, and now resident in Bai-badoes. [Dom., CJtas. II., 
Docquct.] 

[July 24.] 140. Report of the Council for Foreign Plantations to the King. 
On petition of B. de Caseres and two others, who strangers and 
Jews are forbidden by the Act of Navigation to trade to his 
Majesty's Plantations. It has long been debated whether it stands 
with his Majesty's interest and that of the colonies to admit Jews 
to reside and trade there, judgment differing according to the 
interest of the parties concerned. The merchants have urged that 
the Jews are a people so subtle in matters of trade, and that they 
and their stocks are so settled in other nations that in a short time 
they will not only ingross trade among themselves, but will be able 
to divert the benefit thereof to other places ; whereas it seems the 
interest of his Majesty to keep his own trade, that the whole profit 
may flow in hither and the trade be carried on by the manufactures 
and navigation of these kingdoms. On the other side the planters 
urge that the admission of Jews or any other accession of free trade 
will tend exceedingly to the advantage of the Colonies, and con- 
sequently of his Majesty and trade ; and that the merchants prin- 
cipally aim at appropriating the whole trade and necessitating the 
planter to accept any prices they think fit. These arguments being 
of gTeat weight, the Council have not thought fit to give any judg- 
ment thereon, but otter that these three Jews being recommended 
by the King of Denmark, and having behaved with general satisfac- 
tion many years in Barbadoes, may have a special license to reside 
there or in any other Plantation. Signed hy Philip Froude. Indorsed, 
Received 24 July 1661. 2 pp. [Col. Papers, Vol XV., No. 75.] 

July 24, 25. 141. Minutes of the Council and Assembly of Barbadoes. Col. 
Walrond, President. List of the names of burgesses elected to the 
General Assembly, the changes from the previous list {see ante, No. 1), 
being as follows : — Captains Wm. Sandeford and Alex. PuUine, for 
St. Peter's ; Thomas Wardall and John Worsam, for St. Joseph's ; 
Lt.-Col. Humphrey Hooke [vice Thomas Peade] for St. Thomas' ; 
and Nicholas Edwards [vice Capt. Richd. Andrews] for St. Andrew's. 
Col. Thos. Modyford chosen Speaker. It was agreed to repeal all 
laws from the " Rendition of the island until its restoration to the 
King's government," but those laws which were made for the better 
administration of justice to be re-enacted. 2/)/). \_Col. Entrij Bl:, 
Vol. XL, pp. 61,62.] 
July 31. 142. Orders of the Governor and Council of Jamaica [Capt. 
Wm. Daylison also present]. That Cajit. Wm. Valet do not depart 
from the island without further order from the King. Major Coape 
and Capt. Burroughs to examine and report on the difference 

M 605. D 



50 COLONIAL PAPERS. 



between Capt. Hariington, Capt. Kent, and Lieut. Barfield, " or en- 
deavour to make an expedient there." Sec. Povey to be empowered 
to issue and sign letters of administration. [Col. Entry Bks., No. 34, 
2>. 24, and No. 37, p. 9.] 

July ? 143. Petition of Philip Roberts to the King. To bestow upon him 

some small employment suitable to his quahty and present sufferings. 
Ha.s been employed in the West Indies these six and twenty years ; 
in the year 1G42 had conunand of a company imder command of 
Capt. Wm. Jackson against the Spaniards in the West Indies, having 
taken and plundered many to\vns whereby he had purchased much 
diamonds, pearls, and othei' rich jewels ; but coming for England in 
164G was taken by Drmkiik men-of-war, who sunk the ship and aU 
the goods ; in May 1(3G0 was retaken by Spanish ships in the West 
Indies, and carried into St. Jago upon Cuba, escaped by stealing the 
Governor's canoe and came to Jamaica in a most miserable condition ; 
by long experience of the West Indies has discovered that which 
will much em-ich the King's dominions and revenue, and also highly 
advance his Majesty's island of Jamaica. Annexed, 

143. I. Certificate of his miserable condition loJien rescued from 
the Dunkirkers. 

143. II. Certificate by Sir Edw. Massey showing that Roberts was 
one of those engaged v:ith Jackson in a voyage for the 

West' 1,1 dirs ;,> 'nnilliHI dJ.ri.rerJrs fhrn; fli'nf 'lir 'ims 
nilninf snldnr, llinl he 

<s /,,/ /„;„,/ 1,il; ,1. I,,/ llir. 

inii'id liiis ii:ini,il 'linn, 
Pliiiifiil'i.iiis ,/.s ri ii.li rx 

sfi/goiiilsirriri, [Dinii., 

Chas. II., Vol. XXXIX ., No. 128, Cal., p. .51.] 

Aug. 1. 144. Proclamation of the Governor and Council of Jamaica. 

Jamaica. Granting permission to Captain Anthony Collier and Lieut. Edward 
]\Iorris, who having lost several horses, to pen their own with other 
wild horses for one month, with the assistance of the officers of 
Guinaboa, to whom half the wild horses are to be delivered. [Col. 
Entry Bks., No. 34, p. 22-33, cmd No. 37, jx 7.] 
Aug. 2. 145. Commission appointing Thomas Lord Windsor Governor of 

Westminster. Jamaica, with power to make laws, .so they be not repugnant to 
the laws of England, with advice of Council consisting of 12 
persons to be elected as shall be appointed in his instructions 
[.see No. 2-59], to administei- oaths, muster and command military 
forces, and appoint a Commission for finding out the most neces- 
sary trades to be undertaken for the good of the inliabitants. 
With the yearly fee or pension of 2,000?., payable quarterly out of 
the Treasury at Westminster. Edward D'Oyley's commission as 
Governor of Jamaica from henceforth to cease [see ante, N'o. 20]. 
14 pp. [Col. Palmers, Vol. XV., No. 7G.] 
Aug. 2. 146. Cojiy of preceding Commission examined by Robt. Castell 

Westminster, and Eras. Haberley. Received from Sir Charles Lyttelton. [Col. 
Entry Bk, No. 27, 2^P- 9-12.] 



repUti d ,1 i-i rif linili.i/, l\r/ll rl. 
had XII II. rid 'niiir/i niisiri/i' 


II, id 
,id l„ 


Spatrmrd. and tlml /dix i „i 

such Iniiirird-,,' nf Ih, S,„l,n 


jirisu, 
.ird'x 


hivi rrry nipiblr ,,/ d,,', ,i ij h i> 


: Miiji 



AMERICA AND \VP]ST INDIES. 51 

1661. 

Aug. 2. 147. Another copy of Lord Windsor's Commission. [Col. Entry 
Westminster. Bk., No. 92, 2}2)- 59-66.] 

Aug. 3. 148. Depositions of Eliz. Moulder of St. Martin's-in-thc-Ficlds, 
and of Margaret Arthington of St. Margaret's, Westminster. Above 
four years ago Tlios. Smith, then bound for the Barbadoe.s, did enter- 
tain as his servant Edward Moulder, son of Eliz. Moulder, and then 
solemnly engaged and signified under his handwriting that the said 
Edward should not be sold. Some nine months after Smith in- 
formed Eliz. Movdder that to save charges of transportation he had 
left Edward with his friend Davis, but intended to make another 
voyage to the Barbadoes shortly, when he would bring him. But 
Smith died on shipboard bound for the Barbadoes. [Dom., Chas IT., 
Vol. XL., Nos. 17, 18, Cal.,p. 57.] 

Aug. .5. 149. Minutes of the Council for ForeigTi Plantations. The report 
limcT c'oiirt of of the Committee on the petition from Barbadoes touching sugars 
'"'*■ to be perfected and brought in on Monday the 12th inst., when 
the several persons concerned are to have notice to attend. Debate 
on the letter sent from this Council to Virginia. Sir Win. Berkeley 
desired to bring in wi'iting such an account of Virginia and pro- 
positions for the advantage of that Plantation as to him shall seem 
tit. 1 p. \Col. Papers, Vol. XIV., No. 59, p. 36.] 

Aug. o. 150. Minutes of the Council and Assembly of Barbadoes. Resolved 
that the Assembly sit with the Governor and Council, to confer 
about the repealing and reviewing of laws formerly made, so far as 
there shall be a general content, but if any dissent, then to repair 
to their own house to put it to the vote. | p. [Col. Entry Bk., 
Vol. XL, p. 03.] 

Aug. 0. 151. Grant of the office of Governor of the countries and terri- 

tories called I'Acadie, and part of the country called Nova Scotia, 
to Mark Harrison, of Stepney, co. Midx., gent., during Life, with the 
same powers and authorities as have formerly been granted to others, 
procured by Thos. Elliott of the bedchamber. [Docquet Dom., 
Chas. II.] 

Aug. 7. 152. Order in Council directing the Attorney-General to prepare 
AVhitihall. draught of Letters Patent umler the Great Seal, constituting Robert 
Boyle, one of the members of the Corporation of New England, 
Governor of that Corporation for propagating the Gospel there, 
with the usual clauses and mstructions. 1 j>. [Col. Entrij Bl\, 
Vol. LX., p. 5.] 

Aug. 7. 153. Address of Governor Endecott in the name and by order of 

the General Com-t of the Massachusetts, in New England, to the King. 
Then- last address was the representation of an exile's necessities ; 
this script, gratulatory and lowly, is the reflection of the gTacious 
rays of Christian Majesty. They i)ray that New England, under 
the King's royal protection, may be permitted still to sing the Lord's 
song in this strange land ; in the particidars of subscription and 
conformity they are supposed to be under the hallucinations of weak 
brethren, yet they crave leave to say whether the voluntary quitting 



52 COLONIAL PAPERS. 

1661. 

of their native and dearest country be not sufficient to expiate so 
innocent a mistake, if a mistake. This laudatory addi-ess concludes 
thus : " Yea as the Lord was with David, so let Him be with Your 
" most Excellent Majty, and make the throne of King Charles the 
" Second lioth greater and better than the throne of King David, or 
" than the throne of any of your royal progenitors." [Col. Papers, 
Vol. X v., Xo. 77.] 

Aug. 7. 154. Copy of the preceding. 3 y)/>. [Col. Papers, Vol. XV., 

Xo. 7.S.] 

Aug. ? 155. Petition of Mary, relict of Major-General Fortescue, to the 

King. Petitioner's husband was engaged in the expedition to 
Jamaica, and was chosen Commander-in-Chief on the sickness of 
General Venables, by virtue of a dormant commission. There 
Major-General Fortescue died, after having stocked at gi-eat charges 
two plantations which were allotted to him. Prays that said plan- 
tations may be granted to herself and child, with an allowance for 
the profits so long kept from her. Indorsed, " Council Plantations 
to consider and examine contents, and certify what is fit to be done 
for pet^s just rehef " 1 p. [Col. Pcqxrs, Vol. XV., Xo. 79.] 

Aug. 12. 156. Minutes of the Council for Foreign Plantations. Petition 
of Mar}', relict of Majoi'-General Fortescue, refen-ed by the King, 
setting forth her late husband's industry and faithfulness to presei-ve 
the interest of Jamaica, and his expenses in setting up two planta- 
tions of sugar works and cocoa walks upon ground allotted to him, 
which she prays may be granted to her and her child, with some 
competent allowance for the profits long kept from her, referred to a 
committee to hear the proofs and report thereon. After long debate 
on the petition and proposals fi-om Barbadoes, touching sugars, the 
whole matter is referred for further consideration, as it seemed to 
this Council to be a matter of gTeat weight and moment. Report 
brought in by Sir William Glasscock on Lord Sterling's case, refcn-ed 
for consideration. 1 p. [Col. Papers, Vol. XIV, Xo. 59, pj). 36, 37.] 

Aug. 13. 157. Proclamation of the Governor and Council of Jamaica. 
Whereas Lieutenant Morris having set forth by petition that he 
bought a pipe of wine from Abraham Langford, which the 
soldiers in the late mutiny did drink out and embezzle, alledging 
that Langford was a traitor, and that petitioner is sued at law by 
Langford for same. • It being well known that Langford was a 
promoter of the mutiny, Avhilst Morris was wounded in defence of 
the Governor, and was plundered only on accoiuit of said Langford ; 
ordered, that Lieutenant Morris be discharged of the money due for 
said pipe of wine. [Col. Entry Bks., Xo. 34, p/'- 24, 2.5, and Xo. 37, 
p. 9.] 

Aug. 19. 158. Minutes of the Comicil for Foreign Plantations. Order 
ujion the report of the Committee for the petition from Barbadoes, 
that a letter be drawn up for the King to send to that island, ex- 
pressing his Majesty's care of them, and putting them in mind to 
revise the laws for making sugars ; also acipiaiuting them with the 



AMERICA AXD WEST INDIES. 53 



1661. 

overtures made by the mercliants and traders here to take said 
sugars oft' their hands at such rates as may probably make the 
planter comfortably subsist and encourage the merchant to trade 
with them, and for those purposes to call an Assembly to consider of 
and send an answer to these particulars. 

Aug-. 19. — A dispute accidentally arising about supplying Barbadoes 
with horses for their sugar works, and it being alleged that the 
Lords of the Pri^'y Council understood it might be most com- 
modiously done from Jamaica, which is held very dangerous, if not 
impossible, by reason of the trade winds. Sir John Colleton is ordered 
to draw up a report on the advantage of licensing English horses to 
be transported thence. The letter for Barbadoes ordered to be pre- 
pared on the 15 th inst. read ; also an estimate brought in by Sir 
John Colleton of the planters' charges in raising sugars there ; 
ordered, after long debate, that the merchants take a copy of Sir 
John Colleton's paper ; also a like estimate of the charges of three 
several sorts of Muscavado sugars made by the Portuguese and brought 
to the London market, and upon due consideration this Council will 
oi'der what is requisite to be done. 1^ 'fl^- [Col. Papers, Vol. 
XIV., No. b<d,iyp. 37,38.] 

Aug. 20. 159. Proclamation of the Governor and Council of Jamaica. 

That no persons take upon themselves to mend and calk vessels, 
except those employed by Robert Aves, shipwright, who is to 
receive .5s. per day for his own work, and 4s. for each of his men. 
[Col. Entry Bhs., No. 34, pp. 25, 26, and No. 37, p. 9.] 

Aug. 20. 160. Col. Thos. Temple to Sec. Morrice. Received his letter of 
BostoD. i4,th February last from Capt. Baker, on 28th May. WhaUey and 
Goft'e were newly fled out of this jurisdiction before his letter 
arrived, by reason the Governor had made a strict search for them 
upon sight of a Proclamation that came by way of Barbadoes. The 
progress made in this business, together with the Governor's orders 
and copy of a letter of apology from Mr. Davenport, a minister, who 
is quite unknown to Temple, are herewith inclosed. Believes 
Whalley and Goffe are still in this country, concealed in some of the 
southern parts. Has joined himself in a secret design with one 
Pinchin, and Capt. Lord, two of the most considerable persons living 
in those parts, resolving to use their uttermost endeavour to appre- 
hend and secure those Colonels, and has great hopes to eftect it if 
they are in those parts. Will hazard his life and foi-tune in his 
Majesty's service. Incloses, 

160. I. John Davenpoi-t to Col. Thos. Temple. Trihxite to the 
memory of Lord Saye a nil Sil<\ " if the Most High hath takrn 
him from us," the v:rili r's j,.i/,iiii for 40 years piust, uMle 
in Holland, in Lonelin. n ml s,' nrr his (diode in this vAlder- 
mss ohorr 24 //r,o'N. I'ndisls his ', ,nuu; ,uy Iv refrence to 
thr tin, C/oiiils, Whii/lii/ III., I (nilir. ulso o,, hrhiilf of tMs 

piiiir n.loiii/ vim innilni m llhir v:dl 'iioi' iiuliistr'ii lu have 
served his Majesty in apprehending them, hut v:ere pre- 
vented and hindered by God's overruling providence. Ex- 



54 COLONIAL PAPERS. 



plahis how it ivas that the two Colonels, tuho only stayed 
two days in the Colony, vxnt av:a,y before they coidd he 
'ipprchended, ?ui mur, Inoa-lni/ hov: or vlathr. Begs he 

■I'-Ul enhu,Urnh;ifr tl,:. t.,Lu,;l N/-/,', if lirlriq. If not Jo 

Lord Fiennes. X^y Hor, n.lw>\. AvjAQ. Tv,j,iher i 'pp- 
{Col. Papers, Vol. XV., Nos. 80, 81.] 
Governor Endecott's letters and instructions above referred to will 
be foimd calendared, ante, Xo. 81. 
1661 ? 161. Deposition of John Crown. That while he was at Boston 

soon after the King's restoration, Gotfe and 'VMialley landed there, and 
were conducted to the house of Jolm Endecott, the Governor, who 
it was reported embraced them, bade them welcome to New England, 
and wished more such good men as they would come over. That 
they were visited by the principal persons of the town, and visited, 
among others, John Norton, teacher of the principal Independent 
Church, one of those who came over -ndth the address and letter of 
said colony to the King. That they then resided in Cambridge 
University, of which deponent was a member, where it was repoi-ted 
they were held in exceeding great esteem for their piety and parts ; 
that they held meetings, where they preached and prayed and were 
looked upon as men dropt down from heaven ; but penitence for the 
horrid murder for wluch they fled did not appear to be any part of 
then- piety, for Whalley frequently said that if what he had done 
against the King were to be done he would do it again. That had 
the King's proclamation for their apprehension been published, it 
had been almost impossible for the miu-derers to escape as they did. 
Heard many godly men in New England say they durst not con- 
demn what Hugh Peters had done. 2 irp. \Col. Papers, Vol. XV., 
Xo.8-2.] 

IGGl ? 162. Gov. Endecott to Sec. Sir Edw. Nicholas and Sir William 

Morrice. In reply to two expresses of 15 February and 5 
March 1661, gives a brief account of what has been done by the 
Council, the General Court, and himself concerning Colonels 
Whalley and Gofie. Thej- have caused diligent search to be made 
for him in this jurisdiction, and the King's warrant for theii- appre- 
hension was speedily despatched to the other colonies. They have 
wn-itten to New Haven to stir them up to a faithful diligence and 
further endeavours for apprehending them. Inclose copies of the 
Council and their own transactions at large, together with the re- 
turn on oath of the two gentlemen employed, [see ante, Xos. 81, 82, 
96]. Notwithstanding all the clamour and complaints against them 
they hope to have an opportunity to vindicate their innocency and 
still to enjoy their liberties. Indorsed, Received 27 Sept. *1661. 
1 2^- [<^'ol Papers, Vol. XV., Xo. 83.] 

Aug. 26. 163. Order of the King in Council directing that Dr. Mason, Dr. 

Whitehall. Wiseman, and Dr. Walker, or any one or more of them, attend the 
Committee for Foreign Plantations at the Council Chamber on the 
morrow, and that Sir- Lewis Kirke, Thos. Eliott, and Robt. Nelson do 
then and there attend accordingly aliout the business of Nova 
Scotia. 1 2->- [Col. Eniri/ Bk, VoK LX., p. 16.] 



AMERICA AND WEST INDIES. 55 



IGGl. 

Aug. 27. 164. Orders of the Governor and Council of Jamaica. That the 
merchants' petition be laid aside for three months, and that the 
Governor and Council have fuiiher notice from them for the 
.security of the Caimanos. That Captain Whiting, of the Diamond, 
deliver the goods and liquors he has brought to Lt.-Coll. Aixh- 
bold, who has engaged to take out letters of administration on 
behalf of M. Dubois, deceased. That to prevent abuses by false 
weights and measures, all goods be sold one month from this date 
according to the standard weights and measures of England, an 
exact table to be hung u]) in the Secretary's ofBce, on pain of for- 
feiture of double the value of said goods. And Captain Thomas 
Ascough is hereby- appointed clerk of the market, and Thomas 
Bispham deputy. That a market be kept every Saturday at Col. 
Barry's storehouse at Lygonee as formerly. That any person 
carrying a stick of fire or pipe of tobacco lighted through a field of 
canes be convicted in the sum of 51. That any person entertaining 
a slave above one night after he is known so to be, shall forfeit to 
his master 11. for each night. And no one shall hire a servant, 
imless he bring a testimonial that he has performed his last con- 
ti'act. To seize William Potter and bind him to the sign post of 
Captain Ipley Ingelsfield, and there give him 30 lashes upon the 
bare back, after which to secure him until he enters into recogni- 
sance to be of good behaviour. 4 pj). [Col. Entnj Bks., No. 34, 
jrp. 26-29, and No. 37, pp. 9, 10.] 

August. 165. Grant of the office of General of Nova Scotia unto Mark 

Harrison during life. \_Docquet Book. p. 131, Dora., Charles II.] 

Sept. ? 166. Petition of Sir Thos. Whitstones to the King. In research 
of somewhat answerable to his hopes fi-om the King's promise, is 
reduced to extreme necessity, and expects no issue but death or his 
Majesty's favourable intervention. Implores his Majesty to bestow 
upon him a plantation in Jamaica. 1 2'. [Col. Papers, Vol. XV., 
No. 84.] 

Sept. 3. 167. Sir Thomas Whitstones to Secretary Nicholas. Begs assist- 
ance in his petition to the King which the Lord Chancellor has 
promised to second ; otherwise he must perish in the Marshalsea. 
The letter is endorsed by Nicholas with a note to the Lord Chan- 
cellor, and with the latter's reply that he will deliver the petition, 
Avhich he doubts will come to nothing ; it would be better if the 
King would give Whitstones 100^. to get him out of prison and send 
him to Jamaica. In 1663 Sir Tho.9. Mhltstones ]tad the command of 
a fleet in Jamaica, see Index. [Dom., Chas. II., Vol. XLI., No. 11, 
Ccd., p. 81.] 

Sept. 9. 168. The King to Governor Endecott and the Governors of all the 

AVliitehail. Colonies of New England. Having been informed that several of 
his Majesty's subjects called Quakers are imprisoned, that some have 
been executed, and others are in danger to undergo the like, they 
are hereby required, if there be any called Quakers already con- 
demned to death or other corporal punishments, or that are impri- 
soned and obnoxious to the like condemnation, to forbear proceeding 
any fm-ther therein, but forthwith to send said persons, whether 



56 COLONIAL PAPERS. 

16GL 

conflcmncil or imprisoneil, to England, together with their respective 
crimes or offences laid to their charge, to the end such course may 
be taken with them here as shall be agreeable to our laws and their 
demerits. Copy certified by Jo. Cool-e, Clerk to Sec. Mwrice. 1 p. 
{Col. Papers, Vol. XV., No. So.] 

Sept. 9-l.s. 169. Orders of the Governor and Council of Jamaica. That 
Nicholas Keine, fire-master and gunner, ajipoint some one to guard 
the magazine, hoist the flag at the descrying of any ship, and 
attend to the other duties of a " Mettross," for which James Jordan 
shall pay him \2d. per diem weekly out of the impost money. 

Sept. 11. — That John Morgan, master of the Elizabeth of Limerick, 
deliver 2,000 lbs. of turtle to Thos. Rosewarden, Benj. Pecken, and 
John Tudor, in satisfaction of their shares of meat. 

Sept. 18. — Divers complaints having been made of the dearness 
and badness of sugar, ordered that no person sell axxy of the sugar now 
brought by Mr. Loveing for more than 5(7. per lb. In consideration 
of said order Loveing contracts to take 6,000 lbs. of bounty sugar 
at 4.i\ per cwt., and 8,000 lbs. of Mr. Grant at 30.s. per cwt. 2i prp. 
[Col. Entry Bk, No. 34, x>P- 30-32.] 

Sept. 11. 170. Grant to the Duke of York, Lord Willoughby of Parham, 

Col. Wm. Legg, and Tho. Culling, Alexander Bence, Robert Starre, 
John Lewis, and Philip Payne, of London, merchants, of all regions, 
countries, and territories from Cape Blanco, situate in 20^ N. lat., 
on the continent of Africa, unto 2 leagues to the northwai'ds of 
Sallee, lying in 34° N. lat., on the north part of Africa, bordering on 
the Atlantic Sea, and of the free trade thereof for 31 years, ren- 
dering two gold ducats when his Majesty shall anive in said 
dominions ; incorporating them by the name of the Morocco Com- 
pany, and giving them license yearly to deduct 1,-500/. out of the 
customs for all merchandise exported thence and brought into his 
Majesty's dominions towards erecting and maintaining fortifications. 
[Dom., Chas. II., Docquets.] 

Sept. 12. 171. Warrant to pay 2,000?. to Sir William Berkeley out of the 
duties and customs arising from the next ships for A'iiginia in re- 
compense of his services as Governor of Vii'ginia [Bvcipirt]. 

N.B. — There is another cop)y of this docquet dated Sept. l(i, to 
pay the same amount " in consideration of the many faitliful 
and good services performed hy him as Governor' of Vinjlala, 
and in full recompense of all other engagements from his Majesty 
and his Father of blessed memory.'" {Dom., Car. II.) 

Sept. 20. 172. Capt. Richard Hodges of the Guernsey to the Navy Com- 
missioners. Lay off' Newfoundland till August 29, expectmg a 
fishing ffeet unto the southward, and sent to all the ports bidding 
the vessels repair to the Bay of Bulls, the usual place where they 
make up their fleet ; they returned answer they were bound by 
charter not to stay for any company, but to hasten as soon as ready 
to a market. Hastened home, having or\\-y three weeks' victuals^ 
with only three sail, two bound for the Straits and one for England . 



AMERICA AND WEST INDIES. 57 



IGCl. 

the remainder of the fishermen will not be ready to depart the 
country till the latter end of this month, for they are resolved to 
stay as long as possible by reason it hath been a bad year for 
fishing. Had a bad ]iassage, meeting a very great storm. The new 
Governors of Newfoundland claim ^ of the two French prizes 
sent home by him, though he took them five days before the 
Governors came into the country ; told them if Lord Baltimore had 
any right to them he could recover in England, for his own part he 
could grant them no part thereof. Wants to get passage for the 
Frenchmen on board the Guernsey, and an order to come into 
Portsmouth to victual. [Dom., Ghas. II., Vol. XIII. Ko. 10, C<(1., 
p. 93.] 

Sept. 20. 173. Grant to Thos. Povey of the oftice of Receiver-General of 
the rents, revenues, and profits payable to his Majesty from any of 
his foreign dominions, colonies, and })lantations in Africa and 
America, during life, with the fee of 100/. per annum. \_Dv'iit., Chas. 
II., Docquet BL, p. 140, Cal, p. 94.] 

Sept. 23. 174, Grant to Thos. Breedon of London, merchant, during life, of 
the ofiice of Governor of L'Acadie and part of Nova Scotia, with the 
same powers and privileges as have been formerly granted to others, 
procured by Mr. Secretary Nicholas. [Dom., Chas. II.,Docqud Bl:, 
p. 141.] 

Sept. 27. 175. Minutes of the Council and Assembly of Bai'badoes. List 
of Acts passed (re-enacted), which are recorded in the book of Acts, 
viz. : — For settling the regiment of horse. Encouraging all faithful 
ministers, and appointing and regulating their maintenance. Con- 
cerning the conveyance of estates. Encouraging the importing 
of gold and silver. For the better ordering and governing of negroes. 
For the good governing of servants, and ordaining the rights between 
masters and servants. Settling the militia. For the more exact 
stating of the accounts of the late tax of 51. per acre, and levying 
the arrears thereof. Ordered that the order of 1 0th May last, for 
expunging all Acts and orders in any books, which are any ways 
derogatory to the authority and dignity of the King, be forthwith 
put in execution by the committee. 1 jj. [Col. Entry Bl:, Vol. XL, 
pp. 63, 64.] 

Oct. 8. 176. Orders of the Governor and Council of Jamaica. Whereas 

there is no convenient iilace for preserving his Majesty's powder, 
and that no treasury of his Majesty is visible in this island, ordered 
that Commissary Povey sell so much as will defray the charge of 
preserving the remainder. That the execution recovered by Wm. 
Stayno against Cajit. John Harrington be paid to Capt. Lanoford. 
That the several ministers bring in their fees for marriages, burials, 
christenings, clnuchings, &c. to the Governor and Council, before 
the collector pays them anything from the assessments. That Com- 
missary Rich. Povey give to Coll. Barry 1,000 lbs. biscuit, to be 
repaid in Cassadoe bread. That the Council meet the 15th day of 
each month at Point Cagua, and if on Sundav, the day followun'- 
2 pp. \_Col. Entrii BL:, Nu. 34, pp. 32-34.] 



58 COLONIAL PAPERS. 

KJGl. 
Oct. 19. 177. Memorial of the Dutch Amliassadors to the King. Take 
Wtstminster. the lilierty, by expre.ss order from their masters, to remind his 
Majesty tliat in his letter of 14th Aug. last he absolutely disclaims 
the proceedings of Capt. Holmes, commander of some of his Majesty's 
ships upon the coast of Africa, which he promises to inform himself of 
particularly, and order that nothing follow to the prejudice of the 
Netherlands West India Comjiany. The States General being 
informed that said Holmes is in England, have commanded said 
Ambassadors to pray his Majesty to cause him to give account of 
what he has enterprized against the States' subjects, hindering that 
freedom of trade on the coasts of Africa which they have long 
enjoyed, and seizing the fort of St. Andrew, which the Dutch held 
by good title ; that said fort may be restored to said company 
and the damage repaired ; and that henceforth his Majesty's subjects 
may more regularly observe the law of nations, and that his Majesty's 
allies may continue their trade in the River Gambia and at Cape 
Verd without hindrance. Signed by L. de Nassau, V. Hoorn, H. 
Vangogh. 1 p- [Col. Papers, Vol. XV., No. 86.] 

Nov. 6. 178. Report by the Commissioners of Customs concerning the 
Scotch trade, how far it intrenches by the late Act of State upon 
the Act of Navigation and the Plantations. That by allowing the 
Scots to trade.as the English the customs would be much injured, 
they bringing in foreign goods without paying alien duties ; they 
miffht then trade to the Plantations that are absolute English, to 
the infinite prejudice of his Majesty's duties and of the Englishmen 
who have property there both in goods and land, by whose cost 
and industry they have been planted. The Plantations are his 
Majesty's Indies, without charge to him raised and supported by 
the English subjects ; they employ above 200 sail of good ships 
every year, breed abundance of mariners, and begin to grow com- 
modities of great value and esteem, and though some of them 
continue in tobacco, yet upon the return it smells well, and pays 
more custom to his Majesty than the East Indies four times over. 
The Scotch would by this liberty overthrow the essence of the Act 
of Navigation, and they must not be allowed to trade from poi't to 
port for they are strangers and their bond is not sufficient securit}'. 
IDom., Ghas. II., Vol. XLIV, No. 12, Cal, p. 135.] 

Niiv 11. 179- Minutes of the Council for Foreign Plantations. Messrs. 
imKT Court of Boyle and Povey to draw up a letter to New England according to 
^Va^as. |.|-j|^, i^inir's instructions, to be sent by this Coimcil. Mr. Froude to 
attend tbe Secretary of State and inform himself of the last address 
irom New England to the King, and give an account thereof to 
Messrs. Boyle and Povey ; also to wait on the Lord Treasurer and 
obtain his warrant for 100?. towards the charges of this Council, 
i p. [Col. Papers, Vol. XIV., No. 59, p. 39.] 

fNov. 14.] 180. Petition of Francis Lord WiUoughby of Parham, vested by 

' the late Earl of Carlisle in the Government of Barbadoes and the rest 

of the Caribbee Isles and in the moiety of all profit and advantage 

to the King. That after so many years of expense and sufi'ering he 



AMERICA AND WEST INDIES. 59 



may be speedily despatcliod with instructions and sufficient powers. 
With reference to the Lord Chancellor, Lord Treasurer, Lord Privy 
Seal, and Chancellor of the Exchequer, to consider how petitioner 
may receive satisfaction proportionable to his interests to be sur- 
rendered, and for his support as his Majesty's Lieut.-General and 
Governor in Barbadoes and the rest of the Caribbees. See 27 August 
1662. i /). [Dom. Entry Bh, Chas. II., Vol. XIII., ^J. 11.] 

16G1 ? 181. Conditions upon which Fras. Lord Willoughby is ready to 

submit to the King all his right and title to the Foreig-n Plantations 
possessed by him under a grant from the late Earl of Carlisle. 
That he have a commission to be the King's Lieut.-Gen. for the six 
years to come, in his lease of 21 years fi-om Lord Carlisle ; with the 
moiety of the profits of the revenue confirmed to hiui, but to receive 
no other reward or allowance. The Government of those islands being- 
loose and distracted, Lord Willoughby desires to be despatched 
to that command see Nos. 309, 3.59. 1\ m. [Col. Papers, Vol. XV., 
No. 87.] 

1661. 182. Orders of the Governor and Council of Jamaica. That 

Nov. 1.5. Henry Sweeting and William Beeston, collectors for George Johns, 
minister, forthwith pay the money they have collected, to him, 
deducting oOs. for the clerk. Receipt by George Johns and Hemy 
Marcutt for same, amounting to IS/. 4s. Warrant to Rich. Povey 
to pay llZ. 16s. to Lieut. Orchard for the relief of Lieut. Jcihn 
Frampton, who is very sick and necessitated and much indebted 
to Orchard. Concerning the suit of James Jordan, treasurer, against 
John Pemwell. Setting forth the i)enalties for the wanderings of 
servants and slaves, and stealing their masters' goods, of moderately 
wliipping and committing them to the custody of the Provost- 
Marshal. That no person remain on Point Cagaia without giving 
security to a justice of peace not to be chargeable to the inhabitants 
for more than one month. Any waterman biinging a person likely 
to be chargeable to pay a piece of f , and carry him back again. 
That all persons impiisoned for debt not exceeding ol. shall contract 
with their creditors and serve them such time as a justice of the 
peace shall award. 4i 'pp. [Col. Entr// Bks., No. 34, pp>. 34, 38, 
and No. '37, pp. 10, 11.] 

Nov. 19. 183, Petition of Thomas Elliott, groom of the bedchamber, and 
Francis Cradock to the King. The propositions to his Majesty for 
erecting banks without money in England, and raising a great 
yearly revenue by the ease of his people, though approved by many 
are not as yet countenanced by any, no experiment having been made 
elsewhere. The laws and customs in Barbadoes are suitable for 
that design, would be acceptable to the people, and prevent many 
grievances complained of Pray the King's commission empowering 
him, the Governor for the time being, and a commissioner at the 
country's election to erect a bank there, and take the profits thereof 
for such time as his Majesty shall direct. Annexed, 

183. I. Reference to Lord Ashley, Chancellor of the Exchequer, 
for his report. W^iitehall, 1661, November 19. 



60 



CALENDAR PAPERS. 



IGGl. 

183. 11. Report of Lord Ashley on the above petition. Ha.s no 
confidence in the succe.ss of the first experiment of new 
inventions, e.specially in matters of this nature ; yet con- 
ceives that a licence for a bank in Barbadoes might be 
granted for not more than 31 years, reserving one-fourth 
of the annual profit of the undertaking, as is offered in 
the propositions to be 'disposed of as the Governor and 
Council of the island may think fit, which may assist 
towards the chai-ge of the Government there. 1661, 
December 3. 
183. III. " Cradock's propositions for erecting banks in England 
without money, and raising a revenue by the ease of 
the people, seeming as gi-eat a mystery as it is a novelty, 
and therefore without a precedent, will hardly gain 
credit with a people apt to create more difficulties than 
God and nature hath 'made them. Why may not his 
Majesty make an experiment thereof in the island of 
Barbadoes, and by that means introduce it hei-e in 
manner following, as herein set forth." Together 3 j-jp. 
[Col Papers, Vol. XV., Nos. 88, 89.] 
Nov 19. 184. Minute of the above petition. See Warrant of 9th December, 

No. 194. {Dom. Entry BL, Chas. II., Vol. XIII., p. 15.] 
Nov. 20. 185. Richard Whiting, captain of the Diamond, to the Principal 
Aboard the Officers of the Navy. Had received orders from the Governor of 
Diamond, Jamaica to fetch passengers from Barbadoes, but met with gi'eat 
(Barbadoes)'. obstructions, the chief men here very averse from acting anything to 
the good of Jamaica, so that the number falls short of what is ex- 
pected. Sails for the Leeward Lslands on the 21st inst. to cany oft" 
as many persons as are free to go, having stayed a few days at each 
island he will steer his course for Jamaica to get orders from his 
Royal' Highness [the Duke of York ?] 1 /-. [Col. Papers, Vol. XV., 
iVo! 90,] 

186. Petition of officers and soldiers returned from Jamaica to the 
King and Council. As petitioners bore too visible a stamp of 
loyaTty, they were compelled to accept service in the West Indies in 
lG54"by that late usurper Cromwell; but in consequence of the 
reducement of two regiments into one, were discharged to return for 
England. Have received part of their arrears, and the remainder is 
promised. As the army of England and the soldiers of Dunkirk 
have already been paid, and there only remains between 19,000/. 
and 20,000Z. due to petitioners, pray that means be taken for their 
speedy relief from utter ruin and the debtors' gaol. Indorsed, " Read 
in Council, Nov. 27, 16G1." f j^- [^'o^- Pcqjers, Vol. XV, No. 91.] 
Nov. ? 187. Petition of John, son of Thos. Woodward, to the King. To be 

l.ut into iiossession of the house and office of Assay Master of the 
Mint, held liy his tatli.r until the late troubles, when John Bradshaw, 
the so-called" Presi.l.iii of tlir Council of State, on 23rd October 1649, 
dismissed him fur iriii>iiig (.btMlience to the usurped powers, and put 
in Samuel Bartlett ; on this his father repaired to Virgmia, with a 
public declaration never to see England again till his Majesty's 



[Nov. 27.] 



AMERICA AND WEST INDIES. 61 



1661. 

return : is forthwith sending him tlie joyful news, and wishes to 
keep the office for him till his return, or, if he he ilead, to have a 
grant of it for himself. N.B. — WoodivarcVs petition vas granted, see 
the King's letter to the ojficers of the Mint, 12 Jidy 1G6.5. John 
Woodward had died jmt before thd date. [Dora., Chas. II., Vol. 
XLIV.,No. 17, CaL, p. 137.] 

Dec. 2. 188. Minutes of the Council for Foreign Plantations. Lord Wind- 

sor's propositions, setting down what necessaries he thought expedient 
for well managing the government of Jamaica, and praying the 
result of this Council therein to be presented to the King in Council, 
were, after debate, referred for further consideration. \ p. [Col. 
Papers, Vol. XIV., No. .59, p. 39.] 

Dec. 4. 189, Commission to Capt. Thomas Breedon to be Governor of 

Whitehall, the countries and territories called Acadie, and of that part of the 
country called Nova Scotia, with power to appoint a deputy and to 
commissionate officers by sea and land, both military and civil ; no 
persons to trade with the natives without his license, and in case of 
opposition he is authorised to raise forces in New England or in any 
other parts of America, and to kill, sink, or burn vessels, and in 
case of the seizure of any vessels or goods to convert them to his 
own use without rendering any account for the same. See Xo. 248. 
3 pp. [Col. Papers, Vol. XV., Xo. 92.] 

Dec. 4. 190. Two copies of the preceding commission. [Bom. Entry Bks., 

Chas. II., Vol. v., p. 73, and Vol. XLVIII, p. 28.] 

Dec. 4. 191. Minutes of the Council for Foreign Plantations. Lord 

Berkeley, Sir John Colleton, and Col. Venables to attend the Lords 
of the Council with the propositions prepared by this Council 
concerning the necessary provisions to be sent to Jamaica. [Lord 
Wind.sor's] propo.sitions [see ante, Xo. 188] to be presented to his 
Majesty. 5 pp. [Col. Papers, Vol. XI V, Xo. 59, j^P- 39-44.] 

Dec. C. 192. Edward Rawson, Secretary, to Secretary Sir Wm. Morrice. 

Bostou. Account of proceedings of the General Court since the receipt of the 
King's commands in reference to the Quakers, " men of such turbu- 
lence as renders them not only disturbers of the peace, but pro- 
fessed enemies to all established Governments and the truth." 
The Colony in good hopes to enjoy his Majesty's favour and protection, 
and that they may continue to enjoy the same liberties and privileges 
in civil and ecclesiastical things as they have enjoyed for thirty 
years past. Incloses, 

192. I. Order «f the Cciirnil Court at Boston :— For prescrva- 

' III. nnler, and peace, laws have from time 

IHissi'd, against Quakers, in rrference to 

„lrni;o„s „„d n,, prill,,,,. . / isf „ rl„n„;'S, hilt 
„.;t,i I,, /,„„;-/, l/„,„ n, ji,rs,,„ an, I , state. 

,1 !,,,,;■ !„,„ ,;'l,'.is,:,] ,,,„l s,:iif,,n;i!j,y,i some 
,1 II ltd ,,///. ,x have filled the Boi/al ears with 
lid iihliiiii,',! II letter from the King to forbecor 
ishmnil or death. Although it is not doubted 
if his Majesti/ ivere rigldlg informed he ujoidd he far from 



Order 


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COLONIAL PAPERS. 



1661. 



(living them such favor or iveaJcening his authority here, yet 
that his Majesty he not the least offended, it is ordered that 

flu- e.ririiflnii ,if the laws in force against Quakers, so far as 
iJiry !■! s/,i rf in, poral ijunishment or death,be suspended 
untilfarthtf order. Boston, 16(31, Nov. 27. Coj)y cerilp'ed 
by Edward, Raivson, Secretary. [Col. Papers, Vol. X V., 
Nos. 93, 93 I.] 

Dec. 9. 193. Wan-ant to Col. Thos. Temple to deliver up to Capt. Tho.s. 

Breedon hi.s Majesty's forts of St. John and Pentagoet in Acadie or 
Nova Scotia, with all guns and ammunition to them belonging, 
together with the guns and great shot that were carried from Port 
Koyal to Boston in New England. See No. 248. Tivo copies. 
{Dora. Entry Bk., Chas. II., Vol. V., p. 75, and Vol. XLVIIL, 
p. 10.] 

Dec. 9. 194, Warrant to the Attorney or Solicitor-General to prepare a 

Bill authorismg Thomas Elliott, Esq., Groom of the Bedchamber, 
Sir John Colleton, and Francis Cradock, and others, from time to 
time appointed by the Governor, Coimcil, and Assembly of Bar- 
badoes, to erect and manage a bank or banks in the said island, 
founded on the security of lands and goods, -with sole power to give 
credit and transfer the same from one month's account to another, 
as is done by the ownership or credit of money in foreign parts. 
Three-quarters of all profits granted to said Thomas Elliott, Sir 
Jolm Colleton, and Francis Cradock, their executors, administi-ators, 
or assigns for 31 years, and the other fourth to the Governor and 
Council for the public charge of said island. And that the injuries 
done to the planters and others by usurious sales and contracts at 
30 per cent, interest and more may be prevented, his Majesty wills 
that no man take or give more than 6 per cent, per annum interest, 
on pain of forfeitm-e of the goods, money or credit so sold or lent, 
and no man be compelled in future in said island to take pay- 
ment in sugar more than he pleases. With power to the Governor, 
Coimcil, and Assembly to ap])oint a fit person to inspect the whole 
management and determine the value of all lands, and the credit to 
be laid on them, and to appoint reasonable rates for warehouse I'oom, 
and make such other Acts for the better establishing said banks 
as they shall reasonably desire. The office of keeping the records 
of estates to be kept at the banks, and any pei-sons counterfeiting 
any bill or seal of the bank, or doing anything to cheat the same, 
.shall on conviction be liable to perpetual imprisonment and forfeit 
his estate, one moiety to the Crown and the other to him that shall 
sue for the same in any court of record. 2J 'pp- \_Dom. Entry 
Bk., Chas. II., No. o, pp. 80-83.] 

Dee. 14. 195. The King's proclamation for the encouraging of planters in 
Whitehall. Jamaica. His Majesty, fully satisfied that the island of Jamaica, 
\vith its fertile soil, and commodious situation for commerce, is likely 
to be a gi-eat benefit to his Majesty's other dominions, hereby de- 
clares for the encouragement of planters and settlers : That during 
the next two years, 30 acres of land sliall be allotted by the Governor 



AMERICA AND WEST INDIES. 63 



1661. 



to every person, male or female, above 12 years of age, who shall 
reside upon said island within six weeks after application, to be held 
for ever by the tenure usual in other plantations ; but in case said 
persons do not go thithei' within six months, said allotments shall 
be void. The grantees to be obliged to serve in arms upon any 
insvuTection, mutiny, or foreign invasion, and to enjoy all fisheries 
and mines, except gold and silver, on payment of a royalty of one- 
twentieth. Children born in Jamaica of his Majesty's natural born 
subjects of England, to be free denizens of England ; and all free 
persons to have libeiiy to ti-ansport themselves, their families and 
goods, except only coin and bullion, from any part of his Majesty's 
dominions to Jamaica. All planters, soldiers, and others are hereby 
commanded to yield obedience to Thomas Lord Windsor, now 
Governor of said island, and to every other Governor thereof. 
Printed. 2 pp. {Col Papers, Vol. XV., No. 94.] 

Dec. 14. 196. MS. copy of preceding proclamation for the encouragement 
Whitehall, of planters in Jamaica. /ncZonserf, 14 Dec. 1661. Proclamation pub- 
lished in Jamaica by Lord Windsor. Received from Sir T. LjTich, 
20th Dec. 1670. Read the 21st of October 1680. [Col Enfrh Bk 
Ko. 37, jx 9.] 

1661 ? 197. Petition of Henry Hastings to the King. A plantation of 

about 60 acres in the parish of St. George, in Barbadoes, heretofore 
belonging to Capt. Anthony Strange, who murdered Capt. Bowers [sic] 
about April 1657, and was outlawed, fled the island, was escheated, 
and afterwards purchased of the late usm-per Cromwell for 300?. ; 
prays for a grant of the same, in consideration of his services and 
great losses m all the late unhappy wars. 1 p. [Col. Papers, Vol. 
XV., Xo. 9.5.] 

1661. 198. Warrant from the King to the Attorney or Sohcitor-General. 

Dec. 16. To prepare a Bill for the Royal signature, containing a pardon to 
Anthony Strange for killing George Bow;yer, of Barbadoes, on the 
9th April 1657, and of all pains and penalties, corporal or 
pecuniary whatsoever, by occasion thereof; with restitution of 
lands and goods, and non-obstantes of the statutes of 10 Ed. III. 
and 13 Ric. II., and all other clauses requisite for making the 
pardon most etfectual. See Xo. 21^. f ». [Dora. Entry Bk 
Chas. II., Xo. v., 'pp. 94, 95.] 

Dec. 18. 199. The King to the Governor of Barbadoes. Is so sensible of 

Henry Hewet's sufferings and loyalty that he cannot but resent the 
injuries done him by one Read, partner to his brother in Barbadoes, 
who died in April 1649, bequeathed several legacies to Hewet, his 
wife and children, to be paid by Read, as might appear if Read 
would produce the will. He is commanded to examine Read, and 
if he can, compose the difference, or so effectually recommend 
Hewet to the President and Council of the island that he may be 
relieved according to the equity of his cause. ^ p. [Dora 
Entry Bk, Chas. II., Xo. III., p. 17.] 

Dec. 27. 200. Result of an agitation at a meeting iield at Wells l»y 
the trustees of Ferdinando Gorges, Esq., according to commission 



64 COLONIAL PAPERS. 

1G(3L 

umlcr liis hand and seal, bearing date 23rd May 16C1. To the first 
article it was resolved that KingCharles be ]:)roelaimed through oiit the 
Province of Maine ; the form of Proclamation. To the second article 
resolutions were passed for collectuig arrears of rent due according 
to charter, and that each town of said Province have power to elect 
one trustee from among themselves for enacting laws, who are to 
appear, after due notice, at Wells on 2.5 th May, at a General Court ; 
and the clerks of the ^vrits formerly chosen by the freeholders in 
each town to have power to gi-ant attachments in the King's name 
and under the authority of Ferdinando Gorges. To the third 
article, resolved that notice be given to the inhabitants of the 
Province that they, the Commissioners, have taken into their hands 
all rentals and properties of Ferdinando Gorges for his use, that 
there may be no further intrusion on his rights without order. All 
court rolls, books, and wi-itings to be given into their custody at the 
next General Court, then and there to be disposed of To the 
fourth article, a due assertion of the proprietor's rights to be pub- 
lished at the next General Court and notified by letter to the 
Governor of the Massachusetts. The fifth and sixth articles re- 
solved in the affirmative ; also to defend all the Lord Proprietor and 
freeholders' rights belonging to the Province ; the laws of England 
to direct them, until further order be taken by the Lord Proprietor 
or the freeholders ; civil and military officers chosen by the free- 
holders invested with power to execute their offices. In case of dis- 
turbance Major Nicholas Shapley to muster and command the militia, 
according" to charter, using all possible means for a most speedy 
council and advice from the rest of the Commissioners. The form 
of a Cdnniiissioner's oath. Robert Waymouth having died intestate. 
Major Shapli'V ordered to administer. Hemy Jocelyn and Robt. 
Jordan ajipointed Commissioners. Power of administration granted 
to Robt. Joidan to the estate of Rich. Leader, on certain con- 
ditions. Signed hy Fran. Champernoone, Hen. Jocelyn, Nich. 
Shapleigh, and Robt. Jordan. Copi/ attested by Fr. Neale, Secretary. 
4 piK [Col. P<ipers, Vol. XV., Ko^dG.] 

Dec. 27. 201. Another copy of the preceding. 7 vp- \Col. Pancrs, Vol, 
AK., Ar.. 97.] ^ U I 1 ' 

Dec. 31. 202. Warrant to pay Captain Strange the sum of 2>'20l. to be em- 
ployed and disbursed by him for defraying the charge of importa- 
tion and for clothing divers \oja\ persons sold by the late usurper 
for slaves into the Barbadoes and lately arrived in London. [Dam., 
Cho.s. II., Docqucts, Cal.,p). 196.] 

203. Acts passed in the island of Barbadoes from 1643 to 1762 in- 
clusive, carefully revised, innumerable erroi's corrected, and the whole 
compared and examined with the original Acts in the Secretary's 
office by the late Richard Hall, Esquire, one of the representatives 
in the General Assembly for the parish of St. Michael, and one of 
his Majesty's justices of the peace for the said island near 30 
years, and since his death continued by his son Richard Hall. 
London. Printed for Richard Hall, 1764. 



AMERICA AND WEST INDIES. 65 



The titles of the Acts passed in IGGl, and printed in this volume, 
are as follows : — 

No. 27. An Act appointing a special court for the speedy- 
deciding controversies between merchant and merchant, or 
mariner and mariner, or merchant and mariner, about freight, 
damage, or other maritime cases. 4 July lG(il. 

No. 28. An Act establishing the Courts of Common Pleas 
within this island, declaring also the method and manner of 
proceedings both to judgment and execution which are to lie 
observed in the said courts. 29 Aug. 1601. 

No. 29. An Act for the encouragement of all faithful ministers 
in the pastoral charge within this island, as also for appointing 
and regulating a convenient maintenance for them for the 
future. 27 Sept. 1G61. 

No. 30. An Act for the good governing of servants and 
ordaining the rights between masters and servants. 27 Sept. 
IGGl. 

No. 31. An Act concerning the convej'ance of estates. 27 
Sept. 1661. [Col. Entry BL^ Nu. XV., pp. 26-45.] 

204. Brief account of the men, women, children, and negroes, and 
the acres of land planted, in the ten precincts, towns, quarters, and 
plantations in Jamaica, amounting in all to 2,4-58 men, 454 women, 
44 children, 514 negroes, 618 arms, and 2,588 planted acres. In- 
dorsed, " Account of the militia and inhabitants. 2 pp. [Col. 
Papers, Vol. XV., No. 98.] 

205. Petition of John Young and Company to the Committee for 
Trade. About Februaiy 1661, petitioners set forth the Merchants 
Delight on a ti-ading voyage for the coast of Guinea ; but about 
August 1661, said .ship was by the Amsterdam, belonging to the 
Dutch West India Company, forced up to Castle de Myne, where 
.lasper Van Hewson, General of said Company, sei/ed the ship and 
lading, and imprisoned the master and about 30 men for six weeks ; 
after which they were turned out to shift for themselves, and 'tis 
feared most of them are perished, only four having retin-ned. Pray 
relief for the loss proved in the Court of Admiralty to be 22,000^. 
1 p. [Col. Papers, Vol. XV., No. 99.] 

206. List of eight ships hired by the Royal Company for 
Guinea, viz., the Victory, English built, 350 tons ; the Dolphin, 
Dutch built, 350 tons ; the African frigate, English built, 140 tons; 
the Faithful Advice, 260 tons ; the John, Capt. North, frigate, Eng- 
lish, 140 tons; the Martha frigate, EngUsh, 200 tons; the Charles, 
130 tons, and the Blackamoor. [Bom., Clias. II., Vol. XLVIL, 
Xo. 8, Cal., p. 209.] 

207. Lord Chancellor Clarendon to Sec. [Nicholas ?]. Sends 
papers on the negotiations, with his 'opinions, for nobody's view 
but his own. Asks him to re-deliver the papers he gave him con- 
cerning New England. [Dom., Chas. II., Vol. XLVIL, No. 37, 
Cal, p. 205.] 



66 COLONIAL PAPERS. 

IGGl ? 

208. Petition of John Madden and Heniy Wyatt to the King. 
There is no external Imdge to distinguish baronets from knights 
bachelors, though the Orders of the Garter, the Bath, and Nova Scotia 
have such a badge. Pray that they may be empowered to ],irovide 
distinguishing medals. [Bom., Chas. II., Vol. XLVIIL, Ko. 78, 
Cal, jh 223.] 

1661-1672. 209. Note Book of Sir Joseph Williamson concerning the " Plan- 
" tations : Booke the First." On the first and second pages are 
the following mem. : SuRiNAJNi hath fi-ee trade, without all custom. 
The French King grants a free trade to all his plantations in 
the Leeward Islands. Names of " our Foreigii Dommions " and 
the governors of some, as follow : — At the Caribbee Islands and 
Surinam, on the Continent of Guiana, Lord Willoughby ; Jamaica, 
Sir Thos. Modyford ; Virginia, Sir W. Berkeley ; Long Island, 
Manhadas, &c., his Royal Highness [the Duke of York] ; New 
England in several colonics, Massachusets, Connecticut, New 
Plymouth, Governor and ( '.umril ; ItiioDE Island and Providence 
Plantations, Governor, ])ijiuty-( iovcrnor, A.ssistants, &c. ; Bermu- 
das, a Governor and Company, Earl of Manchester ; Maryland, Lord 
Baltimore ; Canada or Nova Scotia, Sir Thos. Temple ; Bombay, 
in the East Indies, Tangiers, Isle of Providence alias Santa 
Catharina. 

The contents of this volume will l;)e found calendered under the 
respective dates of the entries. [Col. Entry Bl:, No. 92.] 

1662. 
[Jan. 2.] 210. Representation of Sir Lewis Kirko and John Kirku concern- 

ing Acadia or Nova Scotia. For what concerns those three Ijulwarks 
or fortresses in Nova Scotia, by the French Ambassador pretended 
unto, they represent as follows: — 1. It is a thing remarkably known 
that the whole tract lying on either side of the river Canada, long 
known by the names of Nova Francia and Nova Scotia, was first 
discovered at the charges of Henry VII., and afterwards of Queen 
Elizabeth ; nor was it known to any other Christian Prince till, 
about 1600, some French seized on the tract of land on the north 
side of the rivei', and in 1606, under the Lord de Monts and M. do 
Poutrincourt, possessed themselves of L'Acadie on the south side, 
usurping for many years possession and sole liberty of commerce 
there. 2. In 1621 King James, looking on the possession of the 
French as an invasion, granted to Su- W. Alexander (afterwards 
Earl of Sterling) L'Acadie by the name of Nova Scotia, who in 
1622 and 1623, after Sir Sam. Argal had driven out Biard Masse 
and demolished their fort, planted a colony therein and kept posses- 
sion for about two years, when upon the marriage of Charles I. with 
the Lady Hemietta Maria, Nova Scotia was retm-ned to the French. 
3. In 1(127 a war arising, Sir David Kirke, his brethren and relations, 
by his Majesty's commission sent out nine ships to expel all the 
French from the River Canada, and seized 18 French ships, with 
135 pieces of ordnance, designed for the relief of Royal Fort [Port 
Royal] and Quebec, imder command of M. de Rochmand and de La 
Tour, father of the Governor of Royal Fort, whom with said ships and 



AMERICA AND WEST INJ.)IES. 67 



gims they brought to England. In 1028 they possessed themselves 
of the whole of Canada, with the castle of Quebec, Sir Lewis Kirke 
being then constituted Governor, and Sir Wm. Alexander, assisted 
by Kirke, of the whole of Nova Scotia ; the region south of the river 
fjxlling into possession of SirWm., and north into that of the Kirkes. 
4. On ilarch 29, 1632, peace bemg concluded, it was agreed that all 
the forts, as well in L'Acadie as in Nova Franeia, should be restored 
to tlie French King, which was exactly performed ; but on the part 
of the Fi-ench nothing was ever performed, so that the Kirkes suffered 
loss to the value of 5,000^., which remains impaid to this daj'. 5. In 
1G33 the King taking notice that though the forts were to be deli- 
vered to the French, the English were not to be excluded from 
trade in those regions, on May 11, 1633, in consideration of 50,000?. 
laid out by the Kirkes on the fort of Quebec, and of their ready 
obedience in resigning same at his command, granted to Sir Lewis 
Kirke and his brother John Kirke, for 31 years not yet expired, full 
privilege not only of trade in the river Canada, but to plant colonies 
and build forts where they should think fit. 6. By virtue of which 
commission they in Feb. 1633-4 sent the Mary Fortune laden with 
goods to those parts, where she was seized, carried into France, and 
confiscated, to the value of 12,000?. ; and though Lord Scudamore, the 
Ambassador, and John Kirke often urged that the moneys due to the 
Kirkes and the ship and lading might be restored, they could obtain 
nothing. 7. In 16-54 Cromwell on consideration of the premises sent 
forth several ships under the command of one Sedgwick, who subdued 
said forts in Nova Scotia ; and though in 1655 commissioners were 
appointed for deciding the controver.sy about the restitution of said 
forts to the French, nothing was done, and the commissioners never 
met within the three mouths, as provided in the treaty. So that 
now the case is very clear that possession remains to the English. 
1. It is insisted that there was a continued right of traffic in those 
parts, vested in the English, that no suixender for the time being of 
the forts could infi-inge or extinguish. 2. The forts taken in 1628 
were restored to the French in 1632, under conditions which were 
never performed to this day, and therefore should return to their 
foi-mer estate. 3. And for this reason the fortress of Quebec may 
be justly demanded back by the Kirkes, by greater reason than those 
in Nova Scotia are challenged by the French. 4. But as the French, 
not content with their unjust detaining of Quebec, notwithstanding 
liberty of traffic and his Majesty's special commission, seized on the 
MaryTortune, why should the French Ambassador complain against 
Cromwell because he seized those forts and restored them to the 
English ? For though he could not acquire them to himself nor yet 
derive them to another (viz.. Col. Temple), yet those forts with no 
less right submit to his Majesty than Dunkirk or Jamaica. 5. Hope, 
therefore, that his Majesty will order that the forts above mentioned 
(whether it shall seem good to him to retain, restore, or dispose of 
them) may be liable to satisfy all such losses as the Kirkes, above all 
other English, have sustained by the French. " This is a true trans- 
lation, made Sept. 10, 1607. Wm. Turner." 10 'pp- i'^ol. Papers, 
Vol. XVI., Ko. 1.] 

E 2 



a COLONIAL PAPERS. 

1662. 

Jan. 2. 211. Copy of the above representation in Latin. With " a sum- 

mary [in Eno-lish] of the fact on the behalf of Sir Lewis Kirke and his 
brother Jolin Kirke and others, as to their concernment in the three 
forts in America claimed by the French Ambassador." Also the 
opinion of Robt. Mason, that the Kirkes ought to have their losses 
" provided for " from France, or else re]irisals granted. Latin and 
English. 9 pp. [Col. Papers, Vol. XVI., No. 2.] 
Jan. 2. 212. Another copy of the aliove representation. Latin. 8 jip- 

[Col. Pajyers, Vol. XVI., No. 3.] 
[Jan. 1).] 213.. Petition of Owen Martin and Huvniilircv Seaward, merchant, 

to the King. In the middle of June 1(1(10, iH'titinucrs made discovery 
by a petition of concealed goods in the \\'ist Indies, of which his 
IViajesty granted them the I'uoicty, near 2.".()/., and ordered the other 
moiety to be l.ioiight into liis .Majr-^ty's Kxcli.M|uer. Three months 
after Lord Willougliby with a higji hand gets the broad seal for the 
whole to his own use, to the ruin of one and the great damage of 
the other petitioner. Pray for a confirmation of said grant and 
power to receive said goods from Lord Willoughby, and if the 
truth of this petition be doubted, to give petitioners opportunity to 
prove it. With reference to the consideration of his Majesty's Privy 
Council. Whitehall, 9 Jan. 1061-2. Also, 

Order of the Privy Council that petitioners make good their 
preteasions, and produce his Majesty's grant. Whitehall, 1661-2, 
7 Feb. Annexed, 

213. I. Warrant to the Attorney-General to prepare a commission 
empowering the Governors of Barbadoes and St. Christo- 
pher's, Owen Martin and Humphrey Seaward, merchant, 
to call to account the commissioners appointed by the late 
usurped powers for prize goods on those islands, and to 
receive such as remain in their hands ; one half to be for 
the King's use, and the other for Martin and Seaward, " in 
consideration of Col. Veale, who is to partake therein." 
Draft with correcHons. 

213. II. Certificate concerning concealed prize goods. That there 

was a petition referred to the Lords of the Treasury after 
his ^rajesty's happy arrival, by Messrs. Owen Martin and 
Humphrey Seaward, informing of prize goods in the We.st 
Tndirs, Bai'badoes and St. Christoi)her's, unaccounted for to 
his Majesty. Afterwards a })iTson that had veiy faithfully 
served the King, Col. Veale, joined with them, and his 
Majesty made a grant, reserving a moiety to himself, and 
wrote several letters. How the obstruction since arose, 
petitioners can inform. 1661, Dec. 19. 3 Papers. [Col. 
Papers, Vol. XVI., Xos. 4, 5, 0.] 

214. Petition of Owen Martin and Humjihrey Seaward to the 
Privy Council. Having produced their grant according to the 
order on their petition annexed ,beseech their Lord.ships to ajipoint a 
short day of hearing, and Lord Willoughby to make good his claim, 
and to give to each party his right. In another hand is uritten, 
"For a hearing about prize "■ooils." Annexed, 



AMEEICA AND WEST INDIES. 09 



1662. 

214. I. The King to Thomas Modj-ford, Governor of Barbadoes, 
or any other Governor of the Island, Owen Martin, and 
Humphrey Seaward. Whereas during the late unhappy dis- 
tractions within his Majesty's dominions, commissioners 
were appointed for prize goods in Barbadoes, who still 
retain prize goods, unaccounted for. They are commanded 
forthwith to examine the accounts of said commissioners, 
and receive from them all such goods remaining in their 
hands which are by the first opportunity to be shipped for 
England, consigning the full half for his Majesty's use to 
John Loving, one of the tellers of the Exchequer. His 
Majesty grants to said Martin and Seaward the other half, 
for their care and i^ains in discovering the same. Signed 
by the Klnq a in) i^.m i,f, rsigned by Sec. Sir Wm. Morriee. 
Whitehall, 'iddo, D, c,i,ib,n- 10. 
214. II. The King to ( 'Ifin.'nt Everard, Governor of St. Christo- 
pher's, or any other Governor there for the time being. 
Duplicate of the preceding. Signed by the King and counter- 
signed by Sec. Sir Wm. Morriee. Together 3 jwpers. 3 J /)/>. 
[Col. Papers, Vol. XVI., Nos. 7, 8, 9.] 

Jan. IG. 215. Orders of the Governor and Council of Jamaica. Present 

Edward D'Oyley, President and Governor ; Col. Sam. Barry, Lieut.- 
Col. Henry Archbold, Col. Rich. Wilbraham, Major John Cope, 
Sec. Rich. Povey, and Capt. John Harrington. That trading and 
shipping be priviledged to the inhabitants of Port Morant, without 
application to the Governor, provided it tend not to the neglect of 
masters of ships coming to this harbour. That Mi-. Seaman pay his 
wife lO.s. weekly, and the next justice of the peace see it performed. 
That the Act of 3rd July last, prohibiting the taking of horses, be 
annulled. That if Lieut. Owen do not prove before two justices of 
the peace within 10 days, that Rich. Williams was knowing of his 
wife's being -with child when he married her, he shall lose the debt 
of 1,000 lbs. tobacco, owing to him. That relief sufficient for pro- 
visions and repairs liy the sale of negroes be aflbrded to Leonard 
Johnson, captain of the Martin Vanrosen, of Middleburgh. lij ^JjJ. 
[Col. Entry BL, Ko. 34, 2)p. 39, 40.] 

Jan. 22. 216. Sir Balthazar Gerbier Donnely to the King. Having seen 
Reading. j^jg Majesty's proclamation for encouraging planters in Jamaica, 
thought it his duty to represent to his sacred view these following- 
annotations. Whereas his Majesty gi-ants but 30 acres per head, 
the West Indian Company of the United Provinces grants 50 ; they 
also give the whole profit of gold and silves mines for 10 years 
gratis, and allow full liberty of conscience, as being- a prevalent bait 
to most men, and thus allure both merchants and planters ; and to 
make them yet more great, the States of the United Pro\'inces 
are hastening to a treaty with the King of China, the secret and 
depth of which a zealous person offers to discover to his Majesty, or to 
the East India Companj'. If his Majesty thinks of extending his 
power in the West Indies, by throwing open the gold mines which 
a Spaniard told his late Majesty existed in Jamaica, and showing the 



70 COLONIAL PAPERS. 



l)Os.sibility of acquiring great gain and V>ooty in the Gulf of Mexico, 
Yucatan, and other adjacent places, it would draw a number of 
adventurers far more considerable than bare planters, who must be 
transported and maintained at his Majesty's own vast expense. 
And this will be furthered if his Majesty will hear the report of the 
Lord Privy Seal, which contains expedients of far more great con- 
sequence than the possessing of Lima and Potosi, for the furthering 
of which G00,000/. ready money will be produced. " Which truth 
(the Lord Privy Seal having made his report) shall endure the 
test, though it were laid in the balance sustained by the hands of 
those forgers of falsehoods who have abused my innocency, fidelity, 
and zeal." Indorsed by Sec. Nicholas, Received 23rd January. 
2 lyp- [Col. Papers, Vol. XVI., No. 10.] 

Jan. 22. 217. Report of Lord Windsor, Governor of Jamaica. On petition 
of William Garrett for a small island near Point Mai-rant [Morant], 
on the north side of Jamaica, and 2,000 acres on the main island 
adjoining ; that he was very willing to grant the same. 4- j". {I)orii. 
Entry BL, Chas. II., No. 13, -p. 52.] 

Jan. 27. 218. Statement by Benj. Denham, chaplain of the Earl of Win- 
chelsea, charging theMarquis of Dorchester with Jesuitism and Popery, 
and alleging, among many other matters, that whatsoever is treated 
of in the Privy Council concerning the Roman Catholics is by the 
Marquis presently discovered to Lord Brudenell and Lord Baltimore, 
who is Governor or (it may be said) Lord Paramount of Maryland in 
the West Indies, and whose chaplain, John Lugar, an English rene- 
gade and now a Romi.sh priest, was made one of the judges, and as 
it were vice-gerent to Lord Baltimore in Maryland in the time of 
Charles I. [Bom., Chas. II., Vol. XLIX., No. 97, Cal, p. 2.55.] 

Jan. 28. 219. Grant of pardon to Anthony Strange, late of Barbadoes, for 
and concerning the death and felonious killing of George Bowj^er, 
together with 'restitution of lands and goods, and such other clauses 
and non-obstantes as are usual in pardons of like natm-e. \_Dom., 
Chas. II., Bocquets, Ccd.,p. 256.] 

Jan. 30. 220. Warrant from Henry Jocelyn and Robt. Jordan, Commis- 
sioners in his Majesty's name and under the authority of Ferdinando 
Gorges to summon the freeholders [of the Province of Maine] on the 
last daj' of March to elect one of their best and ablest men to act 
in their interest in the Prudental afiairs of this Province to appear at 
Wells on 25th May next. Certified copy hy Francis Neale. Also on 
same sheet. 

Jan. 30. Similar warrant for the inhabitants to produce on 25th 
May next to the General Court at W.IU all dc.ds, convej-ances, and 
Acts by which they claim any intorr^t or pu.-session to lands or 
privileges M-ithin this Province, " which extends from Piscatacjua 
river along the coast xmto the liver of Sagadahock, and so to the 
head of Kennebeck and 120 miles in the mainland." [Col. Pap)ers, 
Vol. XVI., No. IL] 



AMERICA AND WEST INDIES. 71 



1662. 

Feb. 3. 221. Caj^tain Richard Whiting to the Principal Officers of his 

Aboard the Majesty's Navy. Has safely arrived with passengers fi'om Barba- 

''^ay Hatbour^ does, though fewer than expected, by reason of the great rains, 

Jamaica. ' and the President's averseness fi'om serving his Majesty in the 

settling of Jamaica. Knows not how long they -will tarry, but fears 

they will want provisions, unless some recruits be sent out of 

England. 1 p. [Col. Papers, Vol. XVI., No. 12.] 

Feb. 6. 222. Minutes by Sec. Nicholas concerning New England. The 

inhabitants of Connecticut desire a charter to incorporate them. 
Those of the Massachusetts from Boston desire a confirmation of 
their corporation. There are four colonies in New England all 
joined, \\z., Plymouth, Massachusetts, New Haven, and Connecticut. 
Those of the Isle of Rhodes desire a charter of incorporation. Corn 
and fish now coming in two ships from New England ; they main- 
tain and supply the plantations of Barbadoes and Jamaica. 1 p. 
[Col Papers, Vol. XVL, Ko. 13.] 

Feb. 7. 223. Patent of incorporation of the Company for Propagation of 

Westmiuster. the Gospel in New England and the parts adjacent in America. 
Whereas by several discoveries and successful plantations of his 
Majesty's subjects, his Majesty's dominions have been augmented 
upon the main lands and islands of America, trade increased, and by 
the pains of certain English ministers of the Gospel and others residing 
in or near New England, who have attained to speak the language 
of the heathen natives, many of them have been brought from the 
kingdom of Satan to the knowledge of the true God and profession 
of the Protestant religion. Yet unless provision be made for educa- 
ting, clothing, and civilising the poor natives and supporting the 
ministers, schoolmasters, and other instruments employed in this so 
Christian a work, the same may be discouraged, those planters who 
began it being unable to bear the whole charge thereof. And 
whereas his Majesty resolves not only to seek the outward 
prosperity of those colonies, but more especially the salvation of 
their immortal souls, and the publishing of the most glorious Gospel 
of Christ among them ; his Majesty ^of his princely piety consti- 
tutes Edward Earl of Clarendon, Lord Chancellor of England, 
Thomas Earl of Southampton, Lord High Treasurer of England, 
John Lord Robartes, Lord Privy Seal, George Duke of Albemarle, 
James Duke of Ormond, Edward Earl of Manchester, Lord Cham- 
berlain of the Household, Arthur Earl of Anglesey, William 
Viscount Say and Sele, Francis Warner, Alderman of London, 
Erasmus Smith, Esq., Henry Ashhurst, Richard Hutchinson, Joshua 
Woolnough, George Clarke, Thomas Speed, Thomas Bell, John 
Rolfe, citizens of London ; Robert Boyle, Esq. ; Sir William Thomp- 
son, Sir William Bateman, Sir Anthony Bateman, Sir Theophilus 
Biddolph, Sir Lawr-ence Bromfield, Knights ; Tempest Mihier, 
William Love, William Peake, Aldermen of London ; Thomas Foly, 
Thomas Cos, John Micklethwaite, Edmund Trench, Doctors in 
Physicke ; Charles Doyley, Thomas Staynes, John Jurian, William 
Antrobus, John Bathurst, Harman Sheafe, Thomas Gillibrand, 
James Hayes, John Benbowe, La^vi-ence Brinsley, Barnabas Meares, 



72 COLONIAL PAPERS. 

1CG2. 

John Acrod, John Dockett, Edward Boscowen, and Martin Noell, 
citizens of London, to be, with their successors, a body coi-porate 
and politic by the name of the Company for Propagation of tlie 
Gospel in New England and the parts adjacent in America, to have 
continuance for ever. With power to meet from time to time 
within the city of London, to purchase and hold lands, hereditaments, 
&c., so as the same exceed not the yearly value of 2,000L, and also 
all manner of goods and sums of money, and to dispose of the same, 
and do any other lawful act, plead and be impleaded, &:c., in as 
ample manner as any other person or corporation, and have a com- 
mon seal. And his Majesty appoints the aforesaid Robert Boyle to 
be the first Governor of the Company during good behaviour, with 
power to summon courts or meetings ; and on the death or removal 
of the Governor, who for evil govermnent or other reasonable cause 
may be removed by the Company or any 13 of them, the Company 
or any 13 of them may elect any other member of the Company in 
his place. And in the absence of the Governor the treasurer shall 
summon meetings, and appoint one of their members to supply the 
place of the Governor. And it shall be lawful for any 13 or more 
of the Company (of whom the Governor to be one) to remove any 
persons from being members of the Company and admit any others 
in theii- stead, so as the whole number of members exceed not 45 ; 
and to choose a treasurer or treasurers, and other officers; with 
power to make or ordain orders, instructions, &c. for the managing of 
their lands, goods, money, stock, &c., so as the same be not repug- 
nant to the laws of England ; also to appoint Commissioners in New 
England to contract and agree with such ministers, schoolmasters, 
and others for the emplopnent aforesaid, and for clothes, books, 
tools, &c., for civilising, employing, educating, or placing out the 
natives or their children that shall j^rofess the Protestant religion in 
English families and with English masters, giving accounts in 
■\vi-iting to the Company of their proceedings. And that a supply 
of foreign coin may not be Avanting for the purposes aforesaid, his 
Majesty grants licence to the Company to ship in any EngHsh ship, 
in any port of England, any quantity of Spanish or other foreign 
silver coin not exceeding the value of 1,000L in any one year, with- 
out any custom, so as the quantity and value thereof be first 
entered in the custom house of said port. His Majesty also ordains 
that the Company shall yearly, if required by order of the Chancellor 
or Keeper of the Great Seal, the Treasiu-er of England, and the 
Chief Baron of the Court of Exchequer, or any two of them, deliver 
a perfect account of all the goods and stock of the Company, and of 
the profits of aU their lands and tenements, &c,, and of all sums of 
money received and paid by or for them ; which account, as also 
those of all employed by the Company, his Majesty requires the 
said Chancellor or Lord Keepei-, Treasurer, and Chief Baron, or 
any two of them, to hear and determine, and if they find just cause 
to ratify and sign, and deliver to the Remembrancer of the Ex- 
chequer to remain of record without any fee otherwise than for the 
entry and writing thereof. And these Letters Patents shall be con- 
strued most beneficially for the said Company, any law, statute, 



ajmerica and west indies. 73 



16G2. 

proclamation, matter, or thing to the contrary notwithstanding. G^ 
membs. [Pat. Roll, 14 Ckas. II., Part 11, No. 17.] 

Feb. 7. 224. Order of the King in Council, directing the Committee for 

Wliitehall. Foreign Plantations to meet on the 10th inst. and take into consi- 
deration the interests of the si'\<i,il jnftuiidi'i-s to Nova Scotia, and 
all business relating thereto, tli.it nl! ]i.rs.ins concerned do then and 
there attend, and that said (.'iniiniitt.c i.^Mut to this Board their 
sense of the whole matter on the lith inst. 1 p. [Col. Entry Bk., 
Vol.LX.,2x 17.] 

225. " Claim by the French Ambassador in Council," for the 
restitution of Acadia. The Ambassador in the name of the King 
his master represents, that in IGo-l some private subjects of Eng- 
land, under pretence of i-eprisal upon the French, possessed them- 
selves of Ports Royal, St. John, and Pentagouet, in New France, 
with the coimtries thereupon depending. Complaints were made 
in 1658, as also of the violences of one Temple, calling himself 
Oliver Cromwell's Lieutenant in America, in the house of one 
De la Have ; upon which it was ordained that for regulating the 
differences of both nations, and doing justice upon said usurpations, 
Commissioners should be named ; which remained without effect by 
reason of the uncertain posture of Government in England. Now 
that all things are re-established in a lawfid Government, the 
Ambassador represents that said usurpations were made in full 
peace, and therefore his Majesty cannot refuse to command a present 
restitution of said forts and houses usurped. And foi-asmuch as it 
may seem that the said restitution should be examined by Commis- 
sioners, with clear accounts of depredations and reprisals mutually 
suffered by both nations, because it was so pretended by the late 
Richard Cromwell ; the Ambassador acknowledges that the losses 
suffered in the taking of those forts by carrying away moveables, 
arms, ammunition, merchandise, &c., may be referred to Commis- 
sioners, l:)ut as to the forts and countries usurped, being pure rights 
of sovereignty not contested, he thinks that the King of Great 
Britain will make no difficulty to command them to be forthwith 
restored. See No. 241. 2 pp. [Col. Papers, Vol. XVI., No. 14.] 
Feb. 7. 226. "Answer to the Ambassador of France, or rather Mons. 

" Le Bourne, his claim to Acadia and Nova Scotia." The claims of 
England to Pentagoet, St. John's, Port Royal, and La Have, as first 
possessed by the subjects of that King, and granted to Sir Wm. 
Alexander and La Tour. The hostile proceedings of Le Bourne in 
August last, in forcibly taking possession of La Have ; his barbarous 
usage of the English, turning them uj^on an island to live upon grass 
and wade in the water for lobsters to keep them alive, and imprison- 
ing them at Rochelle. That Nova Scotia is of great importance to 
his Majesty, and as it borders upon New England it would be 
neither safe nor honourable to give it up, for that would enable the 
French to invade and infest New England at their pleasure. And 
since Le Bourne has surprised our plantation and fishing vessel, we 
may use the Ambassador's words, and hope for that natural justice 
common to all nations (as he calls it) Spoliatus ante omnia resti- 



74 COLONIAL PAPERS. 



tuatur. Signed by Tho. Breedon. //u/orsrr?, " Received 19 Feb. 
l()(Jl-2. read in Council 19 Feb. Mr. Thos. Eliot conceruint; Nova 
Sc.jtia." 2 pp. [Col. Papers, Vol. XVI., No. 15.] 

[Feb. 7.] 227. C^o})y of the preceding. Indorsed hy Williamson, " Answer 
to Le Bourne's pretensions." 3 -pp- [Col Papers, Vol. XVI., 
■Xo. 16.] 
Feb. 8. 228. The King to Lord Windsor, Governor of Jamaica. On 

Whiteliall. petition of William Borton, formerly of London, wooUendraper, his 
Majesty, reflecting on petitioner's present condition, occasioned by 
his faithful endeavours for his Majesty's service, is pleased to recom- 
mend him to Lord Windsor for such employment in the army there, 
or otherwise, as his Lordship shall think him capable of. ^ p. 
[Dorn. Entry Bk., Chas. II., Xo. 13, jj. 50.] 

[Feb. 12.] 229. Petition of John Winthrop in behalf of the colony of Con- 
necticut to the King. That since inhabiting the more westerly parts 
of that wilderness, petitioners have not had any opportunities, by 
reason of the late sad times, to seek for Letters Patent from his 
Majesty to encourage them to go on through all difficulties and 
expenses in so great a work of plantation in a place so remote fi-om 
the Christian world, and a desert so difficultly subdued and far 
separated from the other Engli.sh plantations, not only by the vast- 
ness of the mountains of a dismal wilderness, but also by the habita- 
tions of the greatest nations of the heathen Indians of these parts, 
and where besides is much that hath been expended by their fathers 
and some;, of their associates yet surviving, for purchasing, building, 
culturing, and improving the place of their present abode. Peti- 
tioners have also laid out a very considerable sum for purchasing the 
gi'ants of the estates and patent rights of those patentees who had 
possessed and planted the lower part of Connecticut river, with 
which grant his Majesty's poor subjects have contented themselves 
in all those afflicting times, not seeking to [from] any of the late 
rebellious powers for further privileges, but now, uj^on his Majesty's 
happy restoration, petitioners address themselves to their liege prince 
and sovereign. May it therefore please his Majesty to confirm to peti- 
tioners the like powei's, liberties, and privileges to his colony of Con- 
necticut, bounded on the east by Narragansett river (where the bounds 
of New Plymouth end), on the north by the line of Massachusetts, on 
the south by the ocean, and in longitude as the line of Massachusetts 
runneth from east to west with the islands adjoining, possessed by 
]ietitioners, as Avere foi-mei-ly granted to the other plantations of 
New England, to be held of Ins Majesty by virtue of a charter to be 
granted to petitioners, John Mason, Samuel Willis, Henry Clarke, 
Matthew Allen, Nathan Gold, Richard Treat, Richard Lord, Henry 
Woolcott, John Talcot, Daniel Clarke, John Ogden, Tho. [? Jo.] Tappen, 
Thomas Wells, Obadiah Brewen, John Clarke, Anthony Hawkins, 
John Denning, and Matthew Camfield, being principal persons of 
said colony. With reference to the Attorney-General to advise and 
certify what powers, privileges, estates, and interests he thinks fit 
for his Majesty to gi-ant. Whitehall, 1661-2, February 12. Also Re- 
port of Attorney-General Sir Geoflrey Palmer that he has considered 



AMERICA AND WEST INDIES. 75 



1CG2. 



the papers annexed, and conceives the powers therein contained may 
be granted as desired, saving only as to freedom fi-om customs, the 
consideration whereof is proper for the Lord Treasurer. Tlte ChaHer 
for Connecticut is dated 2'ird A^jril 1662, sec No. 284. 1^ ;pp. 
{Col. Pivpers, Vol. XVI., Xo. 17.] 

Feb. 15. 230. Report of Robert Mason, JohnExton, G. Sweet, W. Turner, 

and Sir Rich. Ford, Doctors of Laws, to the King. On petition of 
Robert Mason, proprietor of the province of [New] Hampshire, and 
Edward Godfrey, late Governor of the province of Maine, according 
to the King's reference of 17th Nov. 1661. That John Mason, grand- 
father to Robt. Mason, one of the petitioners, by virtue of several 
grants, and Edw. Godfrey, have been in actual and quiet possession 
of several great tracts of land in New England, and that said John 
Mason laid out very large sums of money in settling plantations 
there. That Godfrey lived there for twenty [four] years, having 
discharged the office of Governor of Maine with much reputation, 
but he hath not only been turned out of his place of Governor, but 
hath been utterly despoiled of his lands and estate in that country, 
which the inhabitants of Massachusetts have seized and detain from 
him to his very gi-eat loss and nun. That the corporation of the 
Massachusetts rested content with the division agreed to by their 
Governors about 30 years since, imtil 1652, when they stretched above 
80 miles beyond their kno^vn and settled boimds, and have thei'eby 
not only invaded and encroached upon the plantations and inhe- 
ritance of the petitioners, but by menaces and armed forces have 
compelled them to submit to their usurped and arbitrary govern- 
ment, which they [of the Massachusetts] have declared to be inde- 
pendent of the Crown of England. It appears further that the 
colony of the Massachusetts have for many years past endeavoured 
to model themselves into a free state without any relation to the 
Crown of England, issuing writs in their own names, imposing 
oaths to be true to themselves contrary to that of allegiance, coin- 
ing money with their own stamp and signature, exercising arbitraiy 
power, and allowing no appeals to England. Some have publicly 
affirmed they would oppose any Governor sent by the King, and 
rather than submit any appeal to England would sell their _ colony 
to the King of Spain. That said Robt. Mason has been damniiied 
to the value of 15,000^. Do not presume to oft'er any opinion in a 
business of so high importance. With mem. that the original tvas 
delivered to Sec. Sir Wm. Morrice. 2 p}?. [Col. Papers, Vol. XVI., 
No. 18.] 

Feb. 17. 231. The King to Edward Earl of Manchester, Lord Chamber- 
Wlutfhall. lain and Governor of the Bermudas. Inclining to grant to Henry 
Killigrew and Robt. Dongan the estates of Owen Rowe, Cornelius 
Holland, and Sir John Danvers, become forfeit in the Ber- 
mudas upon attainder of the horrid murder of his Majesty's late 
dear Father, his Majesty's pleasure is that the Council forthwith 
certify to his Majesty an exact accoimt of all the possessions and 
rights whereof any of the said Rowe, Holland, or Danvers were 
possessed m 1648, or at any time since. Coimtersif/ned hij Sec. 



76 



COLONIAL PAPERS. 



Feb. 17. 



Feb. 19. 

Whitehall. 



Feb. 19. 
Whitehall. 

Feb. 19. 

Whitehall. 
Feb. 20. 



Feb. 20. 



Feb. 22. 



Kicholas. 2 pp. Tvo copies. {Col. Entry Bl\, Ko. 17, fly-leaf and 
pp. 47-48.] 

232. Duplicates of the preceding. [Dom. Entry Bh., CJias. II., 
Ko. Ill, p. 2.5 ; also Ko. IV., p. 95.] 

233. Order of the King in Council. On consideration of a 
memorial exhibited by Thomas Lord Windsor, Govemor of Jamaica, 
that the Frenchman who is Governor of Tortodoes and was commis- 
sioned by Colonel D'Oyley, then Governor of Jamaica, at the re- 
commendation of the then Council of State, hath since refused to 
obey his orders, and hath imprisoned Colonel Aiamdell, sent to 
supersede him, and that the Plantation is of great consequence to the 
security of Jamaica, as it may interrupt all passage between 
England and the Windward Isles, ordered that Lord Windsor use 
his utmost endeavours to reduce said Frenchman and said island 
to obedience, lir p>p- Two copies. [Col. Papjers, Vol. XVI., Kos. 
19, 20.] 

234. Draft of preceding oi'der with corrections. [Co/. Papers, 
Vol. XVI., Ko. 21.] 

235. Another copy of the above order in Council. [Col. Entry 
BL, Ko. 92, p2y. 31,^32.] 

236. Warrant to pay to James Earl of Marlborough 1,000/. of 
the King's free gift and bounty to him for and towards the prepa- 
ration and personal provisions he is to make for his intended voyage 
to the [West] Indies. [Dom., Chas. II., Vol. L., Ko. 71, Cal., 
p. 279.] 

237. Warrant to pay to Henry Stubbs, the King's physician for 
Jamaica, 200/. for preparations and provisions for his Majesty's service 
in those parts. [Dom., Chas., II., Docquet.] 

238. John Shaw to Joseph Williamson. John Mann, a son of his 
kinsman, has obtained Letters Patent as Surveyor of the island of 
Jamaica, but the present Governor has refused to allow him any- 
thing towards his charges ; desires him therefore to draw up a letter 
to Lord Windsor, for his Majesty's siuiiature, requiring his Lordship 
to acknowledi;-e John Mann'as Sm\ v\ oi -( Icneral of the island, with 



Feb, 24. 



i;. 



istrar. Has spoken with 
' [Col. Papers, Vol. XVI., 



Lady de la Warr to the King. 
<1.' la WaiT, had, by the expense 
lantation and trade of Virginia, 



the usual allowances for that otfiei; r 
Secretary Nicholas on the subject. 
Ko. 22.] 

239. Petition of Cicely Dowagn 
Her deceased husband, Thomas Ln),] 
of his and lier estate, advanced tin.' ; 
when it yielded nothing, to the great advantage and benefit of the 
nation and the cro^vn, but to the impoverishment of his wife and 
children ; in consideration whereof King James I. on Sept. 20 in 
the 17th year of his reign granted to petitioner, her executors, 
administrators, or assigns, an annuity of .500/. for 31 years payable 
out of the customs, subsidies, and duties, and all merchandise what- 
soever imported from Virginia ; since the j'ear 1040 petitioner lias 



AMERICA AND WEST INDIES. 77 

1662. 

received notliing, and now j.i'ays tliat the pension may be granted 
to her for the natural life of her daughter Jane West. See Xo. 249. 
[Bom., Chas. II., Vol. LI., Ko. 12, Cal.,p. 283.] 

[Feb. 20.] 240. Petition of Thomas Temple to the King and Privy Council. 
Has for divers years past remained in Nova Scotia, and arrived 
thence, but on Thursday last. Was utterly ignorant of what hath been 
pretended to Nova Scotia by the French Ambassador, or any other, 
and is not yet able to understand what their pretences are. Doubts 
not to prove, not only a sufficient title to the premises to be held 
under his Majesty, and that petitioner came lawfully to the acquisi- 
tion and right thereof, with the expense of vast sums of money, but 
also that the conservation of Nova Scotia to his Majesty's crown is 
of vast concernment. Prays to be allowed a competent time to look 
up all his evidences and instruct counsel, and for a copy of what the 
French or any other did offer. Indorsed, " Read in Council ye 
26th Feb. 1661-2. To be heard 7th March next. Read in Council 
the 7th March 1661-2." 1 2>. \_Col. Papers, Vol. XVI., Ko. 23.] 

1662 ? 241. " Answer to the French Ambassador's claim to the forts and 

coimtries in America (Nova Scotia), exhibited in the behalf of the 
Lord La Tour, Temple, and Ci-owne, Proprietors." In 1654 Crom- 
well took said forts and countries fi'om the Lord La Tour, not as 
reprisals from the French, but as holding under the Crowai of Scot- 
land, as by grant of 40 years date will appear ; nor are they any 
part of New France as his Excellency affirms, nor lieth near by 200 
leagues, but said forts lye in New Scotland, and the sovereignty 
belongs as properly to his Majesty as Old Scotland doth ; nor were 
they ever in possession of the French, but when tin v giit them from 
the English, except Port Royal, and that luli'ii-vd to the Scotch 
originally. They never heard of any complaints in Ki-JS of violence 
committed by Temple in the house of one De La Have, neither is 
there any such man in the land, but there is a place so called, which 
Temple purchased from La Tour and where he built a house ; 
liut one il. Leborny, two or three years since by force took it, so 
that the violence was on Leborny 's part, who by the King of France's 
commission was not to meddle with the English. Neither do they 
know that any persons were ordained for regulating said differences, 
but in the league of 16.56 there was such an article and a time fixed 
to perfect it, wherefore they conceive the country was taken as 
belonging to Scotland, for Cromwell restored it to La Tour. And 
La Tour is condemned in France as a traitoi-, for constant adhering 
to the English. In Richard Cromwell's time the French offered to 
give up all claim to the country, so as they might enjoy from La 
Have noithward to New France (or Canada). And the King of 
France by proclamation at Rochelle pri'liibitcd Iii.s subjects to come 
near them in New Scotland. As to hi-^.^, thry conceive none have 
lost but La Tom-, for he had arms, anminnit ion, and merchandise 
taken away, and the soldiers demolished Port Royal and burnt the 
chief house. Pray that his Majesty's subjects may not be delivered 
to any foreign Prince or their country be taken from them ; that there 
maybe a commission to examine witnesses, and La Tour and Temple 



78 COLONIAL PAPERS. 



sent for over, that they laay in person make their just defence. 
There is not a person that holds any land there luider the Great 
Seal of France, or ever did, but under Scotland. 1 p. \Col. Fdpers, 
Vol. XVL, No. 24.] 

242. The title of the English to Nova Scotia, and the com- 
modities it yields. Nova Scotia, or Acarha (as the French call it), 
was discovered hy the English to the river Canada in the reign of 
Henry VII., and fiu'ther discovei-ed in 1.58.5. "See Haklu3't's 3rd 
Volume, and Purchas his Pilgrimage, 8th Book." In 1627 and 1628 
there happened a war with France, and Sir Lewis Kirke, John 
Kirke and partners, and Sir Wm. Alexander, surprised Port Royal, 
Fort Quebec, Cape Breton, and other jDlaces. On 24th April 1629, 
acts of hostility were to cease, and all taken to be restored, to 
the great damage of the Kirkes. On March 29, 10.32, by an Ai-ticle 
of Agreement, Acadia, Canada, Port Royal, Quebec, and Cape 
Breton were to be delivered to the French, and the French King 
to pay 4,436L to Sir Lewis Kirke by Du Cape, but protected by 
the French King he could not be compelled to pay the same. The 
11th May 1633, our Sovereign, in consideration of 50,000?. charges 
the Kirkes had been at in surprising Quebec, granted to Lewis 
Kirke the sole trade in the river, gulfs, lakes, and adjacent islands 
and continent, for 31 years. In Feb. 1633-4, Kirke sent out the 
Good Fortune to the River Canada, there being peace with France ; 
the Boncontempt [sic] overpowered her and brought her to Dieppe, 
where she was confiscated. For this ship, worth 12,000?., and the 
4,436?., no redress was granted. In 1634 Cromwell seized Port 
Royal, Fort St. John, Pentagouet, &c. ; and November 3rd, 16.5.5, the 
French referred that and other differences to arbitration. 1. " Acadia 
lies between 421^ and 45° north lat. including the Great River 
of C^anada, which contains the Gidf of St. Lawi-ence, which at the 
entrance is 22 leagues broad, and extends itself 800 miles west by 
south into many great lakes lying on the backside of the English 
Plantations ; it may therefore concern his Majesty to keep the 
places demanded by the French Ambassador, and to plant colonies 
np and down Canada and Nova Scotia." 2. It is fertile in corn 
and pastiu'age. 3. It is stoi-ed with pitch, tar, hemjD, masts, timber, 
furs. 4. The reducement of it under his Majesty's dominions, will 
divide America with the Sjjaniard, and unite all the plantations, 
between which the French now interpose, and may be able to destroy 
the fishing and navigation of the English in those seas, and perchance 
arm the Indians against them. 3 pp. [Col. Papers, Vol. XVI., 
Xo. 25.] 

243. Opinion of [Sir] W[adham] W[3Tidham] ? upon the case 
between the King of France and Col. Thos. Temple for himself and 

■ the King of England, as to the title of the lands and forti-esses in 
Nova Scotia, claimed by the French Ambassador. Under three 
heads. Fii'st, the representation of the French Ambassador, who 
prays for the restitution of those places. Secondly, the title of 
the King of England ; it being contended that all these lands and 
forts in Nova Scotia are distant from Nova Francia many hundred 



AMERICA AND WEST INDIES. 79 



1662. 



leagues and were never held part of it. Thirdly, the rights of Col. 
Temple for himself and the King of England ; explanation of the 
treaty of 1632 for restitution; treaty between Louis XIV. and 
Cromwell in 1655 ; no commissioners named by the French King, 
forts derelict by desertion ; Col. Temple takes possession by patent 
and now holds these places. Lastly, quotations from legal authorities 
on both sides, and discussion on the arguments pro and con. The 
opinion is in favour of the right of Iving Charles. Latin and French. 
40 pp . [Col. Papers, Vol. XVI., No. 26.] ; 

Fell. 26. 244. Orders of the Privy Council. Directing that all persons who 
■Whitehall, have any commissions from those in New England interested in the 
affairs of that plantation, or who can give any account in reference 
to the King's service and the benefit of those parts, attend the Board 
on 6th March, and particularly that Col. Thomas Temple and Mr. 
Mentrope [Winthroji] and such as they shall advise be summoned to 
attend. \p. [Col. Entry Bk., No. LX., pp. 5, 6.] 

Fell. 27. 245. The King's Commission appointing the Duke of York, High 
Webtminster. Admiral of Dunkirk, Tangiers, and all foreign possessions in Africa 
and America, and General of the fleets there, with all rights and 
emoluments belonging to said oflice diu'ing life ; with power to 
examine causes and hold Courts of Admiralty and to receive from 
the Royal Treasury 100 marks per amium. LaJin. 14 pp. [Col. 
Entry BL, No. V., pp. 74-87.] 

Feb. 28. 246. Warrant to prepare a liill for a Charter of Incorporation 
for Connecticut. John Winthrop, John Mason, Samuel Willis, 
Hen. Clarke, Mat. Allen, Jo. Tappen, Nat. Gold, Rich. Treat, Rich. 
Lord, Hen. Woolcot, Jo. Talcot, Dan. Clarke, Jo. Ogden, Tho. Wells, 
Obadiah Breweu, Jo. Clarke, Anthony Hawkins, John Denning, Mat. 
Camfield, " being principal persons in our colony of Connecticut," 
are to be gTanted and confirmed freemen of said colony, with 
the privileges therein set forth. TJia Charter is dated 23rd April 
1662. See No. 284. 2 jyp. [Col. Papers, Vol. XVI., No. 27.] 

1662 ? 247. Petition of Col. Thos. Temple, Governor of Nova Scotia, to 

the King. Thos. Breedon has fraudulently obtained a commission 
for the government and trade of Nova Scotia. Apprehends that as 
Breedon is now returning thither, he wiU seize upon the petitioner's 
trading houses, vessels, and goods. Prays for a warrant to prohibit 
Breedon from doing anything to the petitioner's prejudice. 1 p. 
[Col. Papers, Vol. XVI., No. 28.] 

Feb. 28. 248. The King's warrant suspending Thos. Breedon from the office 
WhitehaU. of Governor of Nova Scotia, who " did lately by surprise and indi- 
rectly obtain from us our Letters Patent and Commission, to the 
wrong and prejudice of Thos. Temple, Esq., who is in present jios- 
session of the same." See ante, No. 189; also No. 274. [Dom 
Entry Bk., Chas. II., Vol. V., p. 189.] 

Fel). 2S. 249. Report of Lord Treasurer Southampton to the King. On 

Southamptoa petition of the Dowager Lady De La Warr [see ante, No. 239]. 

Uouse. rpj^j^^ |_^jj_. ]yjajg3|;y ]3y j-,}^ refereucc of 24th inst. signified that having 



80 



COLOXIAL PAPERS. 



March G. 



March C. 



March 7. 



Mai-ch 1(1 

Aboard the 
Diamond, 
Jamaica. 



March 11 

Aboard the 
Diamond, 
Jamaica. 



March 11 



a particular regard to the worth and good deservings of the petitioner 
and that family, the Lord Treasurer should certifj- what he conceives 
fit to be done for his Majesty's service and the petitioner's satisfac- 
tion. The sense he has of the present necessities of the Crown 
makes him a veiy unfit judge of the merits of any person, and 
therefore in aU tinies he has declined certificates of this natui'e, but 
ha.s complied with whatever the King has commanded in gi-ace to 
any single pei-sons or families as far as his Majesty's public occasions 
would permit, which he hopes is as much as his Majesty will expect 
from him in the quality he ser^-es him. Indorsed by Sir Ed. KicJioIas, 
'• Wan-ant for a priw seal for a pension of 200/. to Mrs. Jane West." 
&/' Ko. 2-58. 1 p. \CoL Papers, Vol. XVL, Xo. 29.] 

250. Wan-ant for payment of 2,818?. 6s. to Col. Wm. Legg, Lieu- 
tenant of the Ordnance, for provisions of arms for Jamaica. [Bom. 
Docquet.] 

251. Wan-ant for payment of 1,000?. to the Earl of Marlborough, 
as his Majesty's free gift towards his pei-sonal provisions for his 
intended journey to the [West] Indies. [Dom. Docqud, CuL, p. 300.] 

252. Tlie King to Lord Windsor, Governor of Jamaica. Eecom- 
mencls John Man, appointed by patent of Jan. 1660-1 Chief Sur- 
vevor of Jamaica, and who has petitioned for the oflice of Registrar- 
and Keeper of the Records of the Survey of that island, to his Lord- 
'<hip for that place, or else to certif\^ what he conceives fit to be done 
therein. 3i 2^P- IDora. Entry Bt, Chas. II., Vol. XIII., p. 80.]. 

253. Captain Whiting to the Ofiicei-s of his Majesty's Navy. Seized 
a Dutch ve.ssel of 300 or 400 tons and 26 gains on 2nd Feb.,fi-eighted 
^^-ith negioes, and trading with the island ; but after 24 hours the 
Governor dispossessed hira, took out the negi-oes and money, and sent 
her away. Before her seizure 48 negi-oes had been sold. The .ship 
was named the Maerten Tan Roften, Capt. Leonard Johnson, belong- 
in'' to Dutch merchants of Middleburgh, and had not one English- 
man in her. 1 p. Tv:o copies. [Col. Papers, Vol. XVI, Xos. 30, 31.] 

254. Thos. Cowley, pui-ser, to the Ofiicers of his Majesty's Nayj^ 
Their provisions are nearly expired, though the General has sent 
away the Rose Bush in order that the stores may last imtil Lord 
Windsor's coming ; but they will not hold out unless his an-ival be 
speedy. 1 /-. [Cd. Papers, Vol. XVI, Xo. 32.] 

255. Warrant by the commissioners of Ferdinando Gorges to the 
Marshal of the Pro%-ince of Maine or his deputy. To seize aU records 
of a public nature as concei-ning any act done within this province, 
lieing the interest and joint right of the Lord Proprietor and the 
freeholders of this Province, which are surreptitiously kept away from 
their common oflicei-s, by which means justice and equity cannot 
be administered, whether in the hands of Edward Rishworth, Mr. 
Michael. Godft-ey, or the executors of Roger Gard, George Cleves, 
Rich. Tucker, Francis Xeale, or any others, to be delivered sealed up 
to Capt. Francis Champernoune, and opened and examined at the 
next General Court. Signed hy Fran. Champemoime, Hen. Jocelyn, 



AiJERICA A>'D WEST LN-DIES. 



1662. 



March 11. 



March IS 



March 21. 

WhitehalL 



Pvobt. Jordan, and Xich. Shapleigh. Copy cedivAd hy Fmnc\? Xeale, 

Secretanj. AIko on Hfiro.e s}-Aei, 

Eeram of the Marshal, Xathaniel Mastersorm, that he ha.= 
seized on all the records and -Rritings in Rishwonh's hands, 
and delivered them to Champemoime" 2l5t March 1662. Also 
all the records and writings that he can hear of he has received 
and delivered to Francis Chamr^monnf-. 1.5th Mav 166-'' 
^.Col. Papers, Yd. XTI., Xo. 33.] ' 

256. Another'copv of the precediniT ■vrarrani. 2 I'O. ^<"'\P<o€rx 
Yd. XVI., Xo. M.] ' ' ' .-■---■!-- 

2,^1. Petition of John Pc-R-ell [to the King' for 1,000 acres in 
Jamaica, which he wotild .stock and defend with g.>-jd arms and able 
With reference to Lord Winds-Dr, Governor of Jamaica. * , •. 



IBom. Entry Bh, Cho.-i. II., YoL XIII.. 



March 20. 



258. Warrant for a grant to Jane West, daughter of the Dowager 
Lady De la Warr, of a pension of 200?. a year, in consideration of her 
mothers L>ss by discontintiance for 11 years of a ]:>en5ion of -500?. a 
year, granted her for her late husband's services in improving the 
Plantation of Virginia. 'Dom. Entry Bk., Vol Y., p. 219.] 

259. Instructions to Thomas Lord Windsor, G-ovemor of Jamaica. 
To publish his commission as soon as he lands : constitute the Coun- 
cil: and a dminis ter the oaths. To settle judicatories lor council 
affairs and for the Ad mi ralty. To commission trader the public seal 
of the island ju.iges, justices, sherins. and other omc-ers with St 
salaries. Power to pass grants of the little islan.ls adiacent to 
Jamaic-a, as Salt Islani GocmI Island, Pigeon Island, and othezs, and 
to raise forts there. To grant com m i s sions and erect Courts of 
Admiralty. To promulgate the King's license for transporrimr 
planters from the neighbouring plantations to Jamaica, withlit^rtv 
to trade with the Spanish plantations, tor the l-enefit of Jamaic-a. 
To order an exact survey of all harbours and kndiTig places, and 
erect necessary fortincations, and ^•' as well for the t-earing of such 
like expenses as for a mark of our sovereignty in and over the said 
islands " to set out 400,000 acres for a Eoyal demesne, 100,000 acres 
in each quarter of the islani to he preserved and unprove<i to the 
best advantage for the use of the King and his suc-eesors : also to 
order a survey of the whole island, and a register of the plantations 
to b-e sent home as soc'U as possible. AE planters and Christian 
servants to I'e provided with arms, mustered and traine-i, with pijwer 
in case of insurrection or iavasion to proclaim martial law. Power 
to grant lands and ratify former grants to the planters and their 
heirs for ever in free and common s-jccage. with reservation of fit 
rents to the King : and to grant to himself and his heirs for ever 
lands not already granted to the extent of oO,<X)0 acres. To take 
care that drunkenness and del^uchery t-e discotrntenanc-e-i and 
pimishe.1, and none a.imirte-1 to public nnst or employment whc«e 
ill conversation may bring scan-ial thereupon, and to "rive the l-est 
encouragement to crthcMlox ministers. To encoura^ trade and 

M 605. F 



82 COLONIAL PAPERS. 

16G2. 

suppress the engrossing of commodities. All goods expoiied to be 
free for seven years, and afterwards a duty of five per cent, to be 
paid. To appoint markets and fairs and take care that the wild 
cattle, horses, hogs, and .sheep be preserved, licensing or prohibiting 
the hunter.s as he thinks fit. To direct the improvement of the 
cocoa walks, and repair of the houses in St. Jago ; whatever is 
granted by the Governor and Comicil under the seal of the island 
to be ai^proved and held good and lawful. Power to search ships 
suspected to trade with the Spaniards, or to carry planters ammuni- 
tion or other commodities to Spanish territory, and adjudicate on 
same in the Admiralty Court. To lodge a Royal Order to Governor 
Lord Willoughby, of Barbadoes, to be assistant to him, in case of 
any considerable attemi)t hy the Spaniards against Jamaica. To 
contrive that tlic plantatiuus be near together and the sea coast fii'st 
planted, the lirtu.T to ]iivvcnt invasion. For the better encourage- 
ment of intending jjlantiTs no one is to enjoy more than one ofiice 
at a time, or to execute same by deputy ; and all ofiicers, lioth civil 
and military, on misbehaviour to be suspended and discharged. To 
send accounts of increase of planters, the defects and wants of the 
place, its chief products and improvements, and the advantages to 
be obtained by trade. Power to constitute corporations and gTant 
manors and royalties, provided no manor or lordship contain less 
than 500 acres. To call Assemblies, make laws, and levy moneys, 
such laws to be only in force for two years, unless confirmed by the 
King. Power to ratify to every person the number of acres he is 
lawfully possessed of, to him, his heirs and assigns for ever ; and 
to grant 30 acres for every servant transported thither, and at the 
end of his service of four years 30 acres to said servant. Power to 
act for the advantage and improvement of the island in all things 
not particularised in these instructions. 20 pp- [Col. Entry Bk., 
Ko. di,pp. 37-56, a/u? Ko. '27, pp. 13-19.] 

March 21. 260. Two copies of the preceding instructions to Lord Windsor. 
Whitehall. iCol Papers, Vol. XVI., Kos. 35, 36.] 

March 21. 261. Jonas ShLsh and Edm. Rayner to the Navy Commissioners. 
Send an estimate of provisions to be made for Jamaica ; total value 
320?. Items, two shallops ; four yawls ; planks, pitch, tar, nails, and 
other necessaries for building and finishing three boats ; pitch-tar 
for stores and other uses ; tallow for stores ; six shipwrights for the 
boats at 40s. per man a month ; and iron-boimd casks. [Dom., 
Chas. II., Vol. Ill, No. 97, Cal, p. 316.] 

Jilarch 23. 262. One hundi-ed and thirty-eight Acts passed at a Grand 
Virginia. Assembly held at James City, "Virginia, 23rd March, 12 Chas. II., and 
fi'om thence continued by prorogation to 23rd March 1661-2. "With 
marginal notes in red ink to those Acts repealed, obsolete, needless, 
useless or expired. N.B. — The titles only of such of these Acts as 
vxre afterirar,h y,p,,ih,l ,„• /,.„/ ,,,,,;,■,-/ </,', i.rnd,'.] u, oUiinns of 
theAcisofAsseyuhh/of r; y/: „ :.<. ri:. : L,,uln„ 1727; WHInnnshurcj 
1733; and ^VUlhr,ilshu nj Mot. srr CvL Entry Jll.s., Xus. .M), 90, 91. 
[Col. Entni Bk, No. SS, pp. 1-48.] 



AIVIERICA AND WEST INDIES. 83 



1661-2 ? 263. Col. Thos. Lynch to Williamson. Will deliver his lord's 
letter to Mr. Moddiford, if sent to his lodgings, the Hourglass by the 
Pump, BLshopsgate St. ip. [Col. Papers, Vol. XVI., No. 37.] 

1662. 264. Mem. of two letters from the King to the Dnke of York. 

March 2-i. To make provision for transporting forty planters carried by Lord 

Windsor, twenty by [?from] Mr. Lyttelton, and twenty by the Lord 

Chancellor to Jamaica, with five ministers and 1-5 persons in their 

families. \_Dom. Entry Bk, Chas. II., Vol. Ill, pp. 32, 102.] 

March. 265. The King to the Governor of Barbadoes. By Letters 

Whiteh.iii. Patent under the Great Seal of England bearing date 2nd Aug. 1660, 
Francis Cradock was granted the office of Provost-Marshal-General 
of Barbadoes with all fees and emoluments incident thereto, yet 
these have been disposed of to others, to his gi-eat disadvantage. 
It is ordered that he be restored to his office, and receive all the 
fees belonging thereto ; and having been empowered by commission 
to erect bariks in Barbadoes, the Governor is required to give 
Cradock every assistance in setthng the same. '^\ pp- \_Col. Pci'pers, 
Vol. XVI., No. 3S.] 

March. 266. The King to [the Deputy-Governor of Barbadoes]. Has 

[Whiteliail.] sent to Barbadoes Francis Cradock, heretofore made Provost-Marshal- 
General thereof under the Great Seal of England, empowering him 
and others to erect a bank or banks there for trade, which wise 
and ingenious persons conceive will be practicable, and of great 
accommodation to the people of the island, wherefore as much assist- 
ance as may be is to be given him, that the experiment may be forth- 
with made, divers sums of money remaining unaccounted for in 
the hands of such who during the late troubles had the " manigary " 
of prize goods and other public receipts. Cradock is also empowered 
to examine the same and send an account of the true state thereof to 
the King as speedily as may be. Eights and fees belonging to Cradock 
as Provost-Marshal-General, having been taken awaj^ and one Povey 
put in by Cromwell permitted for 13 months to enjoy the same, the 
Deputy-Governor is required to see that the King's Patent to 
Cradock be duly obeyed, and allowance made for his damages sus- 
tained. 2 2^p- [Col. Papers, Vol. XVI., No. 39.] 

March ? 267. " A short discours of the late forren acquests which England 

holds, viz., of Dunkirk in Flanders, Tangier in Barbary, Boonbay m 
the East Indies, Jamayca in the West Indies, demonstrating by 
cleere politicall reasons how much they may conduce to the honor, 
secm-ity, and advantage of this nation. In answer to some pamj^lets 
which have bin obtruded to the world both at home and abroad to 
the contrary," by J. B. [John Brydall ?]. The island of Jamaica 
speaks for itself by those gainful returns that have been already, 
and it is like to prove a most hopeful plantation, otherwise so many 
juilicious persons would not have removed thither to better their 
fortunes fi'om the Barbadoes and other the Caribbee Islands, New 
England, Virginia, and other places. Also, as a political considera- 
tion, Jamaica being so near the Gulf of Mexico, .stands very advan- 
tageous, in case matters .should not go well 'twixt us and Spain, to 

F 2 



84 COLONIAL PAPERS. 



do her a displeasure and ourselves good by meeting her plate-fleet 
as they come from the Havanna. [^Dom., Cha.^. II., Vol. LII, Ko. 
145, Cal.,2). 327.] 

Apiil L 268. The titles of twenty-three Acts made at a Sessions of General 

^«- Clary's, A.ssembly liegun at St. Mary's 1st of April 16G2, by Governor 
M\ an . (^Iharles Calvei"t, viz. : — 1. Concerning servants that have bastards ; 
2. For the publication of marriages ; 3. Explanation of the Act 
limiting servants' times, made the last As.sembly, anno 1C61 ; 4. 
Also of that clause in an Act made by Capt. William Stone, April 
21st, 1649, touching hogs and marking of cattle; .3. Concerning 
payment for bullion brought in this province ; 6. For encourage- 
ment of sowing English gi-ain ; 7. Concerning the payment of fees 
due from criminal persons ; 8. For the reviving certain laws within 
this province ; 9. For encouragement of ordinary keepers ; 10. 
Concerning proceedings at law; 11. Declaring what shall be done 
by the Sheriff' ex-officio ; 1 2. Concerning payment of debts due 
by bill; and 13. Taxable persons (2) ; 14. Imposing a fee on them 
who shall be married ; 1-5. Concerning Indians ; lU. Appointing 
sheriffs; 17. Touching runaways; 18. Of gratitude for the Lieu- 
tenant-General ; 19. Limiting servants' times; 20. Concerning the 
secretary and addition to his fees ; 21. An additional Act against 
hog stealers ; 22. For the purchasing of a State House and Prison ; 
and 2.3. For the burgesses' expenses. Together \r>\ irp. [Col. Entry 
Bk., JS^o. 53, jjjj. 45-60.] 

April ? 269. Petition of Frederick Leecker to the King. Petitioner and 

Peter Vanlo who have lived several years in St. Christopher's and 
bought lands there, lately petitioned for letters of denization, which 
his Majesty granted. But my Lord Privy Seal ■n'ill not pass said 
patent because Vanlo is not here to take the oaths of allegiance, and 
cannot come to England without gi-eat damage and charge. Prays 
that his Lordship may sutler said patent to pass, and Gov. Lord 
Willoughby be directed to administer said oaths to Vanlo. 1 j). 
[Col. Papers, Vol. XVI., Ko. 39.*] 
April 3. 270. The King to [the Lord Privy Seal.] His jMajesty having 

been satisfied by Lord WiUoughby, Governor of the Caribbees, how 
inconvenient it ■wall be to Peter Vanlo to draw him thence when 
his presence there may be usefid to his Majesty, disjienses with his 
coming hither. Said denization is therefore to pass without further 
interruption, Lord AVilloughby undertaking that Vanlo shall take 
the oaths. [Dora. Entry Bis., Chas. II., Xo. 3, jj. 32, and Ko. 4, 
p. 102.] 

April 5. 271. Warrant to the Attorney-General to prepare a Bill con- 
Whitehall. taining a grant to Thomas Temple and his heirs for ever of the 
countries called Acadia and Nova Scotia, lately pm-ehased by him 
of La Tour, and also the otBce of Governor of the same for life, with 
the trade thereto belonging, and all other liberties and privileges. 
Certified copy. 1 'p. [Col. ''Papers, Vol. XVI., Ko. 40.] 

April 5. 272. Two co]iies of preceding. [Col. Pajiicrs, Vol. XVL, Ko. 41 ; 

Whitehall, aho Dora. Entry Blc, Car. II., Vol. V, p. 242.] 



AMERICA AND WEST INDIES. 85 

1662. 
Aj^ril 5. 273, Warrant to the Attorney-General to prepare a Commisson 

Hampton Court, for Thos. Temple to be the King's lieutenant during plea.sure, of the 
countries and territories called Acadia, and of that part of the 
country called Nova Scotia, the bounds of which are set forth, with 
power to repel invasion ; to appoint military and civil officers and 
ministers of justice ; to build cities, forts, kc, and to proclaim martial 
law. Also sole trade with the Indians, and power to seize and 
confiscate the goods of others so trading without his license, and to 
appoint a deputy. Signed by the King, but neither countersigned 
nor dated. 5 pj). [Col. Papers, Vol. XVI., No. 42.] 

April 5. 274. Warrant to the Attorney-General to prepare a Bill con- 
taininoj a suspension of Thos. Breedon from further execution of the 
office of the r;,,v.Tn(.r <if N(.va Scotia. Sr,' ante. No. 248. N.B.—A 
docquet of /his s:,s,„ „..;,,„ is ,l.,f,,l -I:'.,;! Aj,rU 1662, Dom. C1ats. II 
{Dom.E„i,-:i Ilk.. Clnis. IL, V„l. V.. i.p. 242-3.] 

1662 ? 275. Petition of Henry Janson, Dr. of Laws, to the King. There 

have Vieen some late encroachments made upon the sea about the 
coast of Barbadoes conti'ary to the limits of the first jilantation. 
Prays that the whole business may be referred to the Lord < 'liaiici 'lii w, 
Lord Willoughby of Parham, and Sir Geo. de Carteret, together \\\i\\ 
the petitioner's many services and sufi"erings, and upon their report 
to grant a warrant for the drawing up of a patent for petitioner to 
become his Majesty's tenant for all that waste. 1 p. [Col. Papers, 
Vol. XVI, No. 43."] 

April ? 276. Warrant from the King to (the Attorney-General). To 

Hampton Coiut. prepare a Bill for the Royal Signature to pass the Great Seal, con- 
taining a grant to Henry Janson, LL.D., " of all that the waste 
grounds in and about our island of Barbadoes, which have not been 
legally gTanted before or prescribed unto by the limits and bounds 
of the first plantation," to him, his heirs and assigns for ever, h p. 
[Bom. Entry BL, Chas. II, Vol. VII, p. 177.] 

April 7. 277. The King to the Duke of York. Forthwith to make pro- 

vision for the transportation of 20 planters to Jamaica, sent on the 
account of the Earl of Carlisle. \ p. [Dom. Entry Blc, Chas. I I., 
Vol. Ill, p. 85.] 

Api'il 8. 278. Additional instruction to Thomas Lord W'indsor, Governor 

Whitehall, gf Jamaica. To endeavour to ol it a in ami preserve good correspondence 
and free commerce with the plantations lielonging to the King of 
Spain, but if the Governors of said King 'refose, to endeavour to 
settle such trade by force, and Ijy doing such acts as the Council 
shall judge most proper to oblige the Spaniards to admit them to a 
free trade. 2 p>p. [Col. Entry Bk., No. 92, p}). 57, 58, and No. 27, 
p. 19.] 

April 8. 279. Copy of the preceding additional instruction. [Col. Papers, 

Whitehall. Yol XVI., No. 44.] 

April 12. 280. Capt. John Browne, of the Rosebush, to the Navy Commis- 
sioners. Arrived this day in the Downs, having departed from 
Jamaica Feb. 10, and left it in a very good condition; the Diamond 



86 COLONIAL PAPERS. 



has also arrived from Barbadoes, bringing some passengers, but not 
the mimVu-r that Avas expected. [Dom., Cho.s. II., Vul. LIII.,Ko. 47, 
Cal, p. 838.] 

Ai)ril 14. 281. The King to Francis Lord Willonghby, Governor of Barljadoes 
and the Caribbee Islands. His Majesty's island of Jamaica being his 
frontier plantation in America, and thereby the more exposed to the 
danger of attempts from the Spaniard, Lord Willonghby is hereby 
requii-ed, the better to oppose such designs, upon notice from the 
Governor of Jamaica of any eminent danger, forthwith to send to 
his assistance such force as the plantation can aflbrd. Indorsed, 
" This is a true copy of the recoi-d in the Secretary's office, attested 
the 19th Augt. 1662, per me, Edward Bowden, Dep<7 Secry." lii>p. 
{Col Papers, Vol. XVI., No. 45.] 

April 14. 282. Grant to incorporate John Winthroji, John Mason, and others, 
being the principal persons interested in the colony of Comiecticut, 
in New England, into a body politic by the name of Governor and 
Company of the English colony of Connecticut, in New England, in 
America, gTanting unto them and their successors such paiiis of his 
Majesty's dominions there, and such powers, privileges, and advan- 
tages as was directed to be granted by warrant imder the sign manual. 
Subscribed by Mr. Attorney-General, procured by Mi". Secretary 
Nicholas. The Patent is dated 23 Ajrril, see Xo. 284. [Docquet] 

April 16. 283. Minutes of the Council of Jamaica. Fresent {see ante, Xo. 215), 
also Captains Wm. Vallet, Thos. Ballard, and Corn. Burroughs. 
The Governor promises to answer a paper of objections presented 
by Capt. Haning-t-on. Ordered, That the bread sent over in the 
Rose Bush and Diamond, amounting to 40,000 lbs., being utterly 
unserviceable to eat, shall lie open for a few days to be fetched 
away by poor inhabitants for cattle, and what is left to be thrown 
into the sea. The order concerning boatmen having licenses, to be 
repealed. That the place and fees conferred on Lieut. John Edgoose 
by Major Fairfax, Capt. Burroughs, and Sec. Povey be allowed. 
That the Council have power to take cognizance of Wm. Dalbson's 
petition, whose affidavit be given to the grand jury of inquest as a 
presentment, they returned the presentment ignoramus. George 
Thurloe to have license to sell drink at Passage Fort. Concerning an 
action between Capt. Thos. Lynch and William Dallison for slander, 
which in Gov. D'Oylej-'s opinion, " being ignorant of the laAv," was 
erroneous. Ordered that Jas. Jordan, Treasiu-er, repay the impost of 
decayed and imsaleable vnnc to Jas. True. 4| 'pP- [^'f?' Entry Bk:, 
Xo. 34, pp. 40-44.] 

April 23. 284. Patent of incorporation of the Governor and Company of the 
Wtstminsti-r. English colony of Connecticut. Whereas his Majesty has been 
informed by petition of John AVinthrop, John Mason, Samuel WUlis, 
Henry Clarke, Matthew Allen, John [?Thos.] Tappen, Nathan Gould, 
Richard Treate, Richard Lord, Hemy Woollcott, John Talcott, Daniel 
Clarke, John Ogden, Thomas Wells, Obadiah Brewen, John Clarke, 
Anthony Hawkins, John Denning, and Matthew Camfield, persons 
principally interested in the said colony, that the greatest part 



AMERICA AND WEST INDIES. 87 



thereof was purchased, and some other part gained )jy conquest, and 
at the sole charge of petitioners, their associates, and those under 
whom they claim, which has become a considerable enlargement of 
his Majesty's dominions there. And in regard said colony is remote 
fi-om other English plantations, and that its afiaii-s may be duly 
ordered, his Majesty by these presents ordains that said John Win- 
throp and all such as are or shall be made free of the Company 
shall for ever be one body corporate and politic by the name of the 
" Governor and Company of the English colony of Connecticut, in 
New England, in America," with the same powers, rights, and privi- 
leges as any other person or corporation in England, and with power 
to use a common seal. And there shall be a Governor, Deputy 
Governor, and 12 assistants elected out of the freemen, for ordering 
the aflaii's of the plantation, and John Winthrop shall be the first 
Governor ; John Mason, Deputy Governor ; and Samuel Willis, 
Matthew Allen, Nathan Gould, Henry Clarke, Richard Treate, John 
Ogden, Thomas Tappen, John Talcott, Thomas W.lls, Ibiiiy Wool- 
co'tt, Richard Lord, and Daniel Clarke, the pv-iiit a->istants, to 
continue in office until the second Thursday in Uctubrr nrxt. And 
on every second Thursday in October and May, or oftener if I'equi- 
site, the assistants and freemen (not exceeding two from each place, 
town, or city elected by the fr-eemen thereof) shall have a General 
Assembly, with power to the majority (of whom the Governor or 
Deputy Governor and six of the assistants to be seven) to alter 
said days of meeting, and to choose in each year a Governor and 
other officers, as the Genei-al Assembly shall think fit ; provided that 
all officers first take the oaths for the due performance of their 
duties, viz., said John Winthrop before one of his Majesty's Masters 
in Chancery, John Mason before said John Winthrop or any two of 
the assistants, and said assistants before said John Winthrop or 
John Mason, and every other Governor before two or more of the 
assistants, and any assistant or other officer before the Governor or 
Deputy Governor. With power to those free of the colony to 
transport thither his Majesty's subjects or strangers (except those 
restrained by his Majesty) and goods and merchandise, paying 
customs for the same. All his Majesty's subjects born in said colony 
to enjoy the liberties of his Majesty's natural subjects, and the oaths 
of supremacy and obedience to be administered to all inhabiting 
said colony. With power to erect judicatories, make laws and sta- 
tutes, not contrary to those of England, for settling the govern- 
ment and magistracy, gTanting commissions for the infliction of 
punishments and granting pardons, and for disposing of all matters 
whereby the people may be so religiously, peaceably, and civilly 
governed that they may win the natives to obedience to the Chris- 
tian faith, which in his Majesty's intentions with the adventurers' 
free profession is the only end of this plantation. With power also 
to the Governor and officers of the Company to repel and destroy 
all persons that shall attempt the invasion or annoyance of the 
plantation and the natives or other enemies of the colony, but not 
to do any unlawful hostility against any of his Majesty's subjects 
or those in amity with him. Provided that these presents shall not 



88 COLONIAL PAPERS. 

1662. 

hinder any of his Majesty's subjects from fishing on the coasts of 
New England, or building wharves and woi'khouses for salting, 
drying, and keeping their fish upon the waste lands of Connecticut. 
His Majesty further grants to said Governor and Company " all 
that part of . . . New England . . . bounded on the east by the 
Narragansett river, commonly called Narragansett Bay, where the 
said river falleth into the sea, and on the north by the line of the 
Massachusetts plantation, and on the south by the sea, and in 
longitude as the line of the Massachusetts colonj' running from east 
to west ; that is to say, from the said Narragansett Bay on the east 
to the South Sea on the west part, with the islands thereunto 
adjoining," to hold the same of his Majesty, his heii's and successors, 
as of the manor of East Greenwich, in free and common soccage, 
yielding the fifth part of all gold or silver ore. These presents to 
be construed most favourably for said Governor and Company. 
5 membs. [Patent Roll, 14 Cims. II., Part 11, Ko. 10.] 

April 23. 285. Copy of the charter of Connecticut, with marginal abstracts. 
Westminster. 1.5 pp, [CoL Papers, Vol. XVI, No. 46.] 

April 23. 286. Another copy of the preceding, with a few interlineations. 
Westminster. Indorsed, "Taken from a copy lent by Major-Gen. Winthrop, NoV^ 
1696." 12^.^9. [Col. Pa2:>ers, Vol. XVI., Ko. 4:7.] 

April 23. 287. Additional instructions to Thomas Lord Windsor, Governor 
Whitehall, of Jamaica. For disbanding the officers and soldiers in the island, 
leaving four hundred foot and one hundred and fifty horse, and 
distributing three hundred negroes that are undertaken to be 
delivered in ten months by the Royal African Company. 4 pjj. 
[Cul. Entry Bh., No. 92, j^P- 33-36.] 

April 23, 288. Two copies of the preceding additional instructions. [Col. 
Whitehall. Paprrs, Vol XVI., Ko8. 48, 49.] 

April. 289. License to Capt. John Leverett to go peaceably to his habita- 

tion in New England with his wife and children and servants in 
the ship Society, John Peirse commander, " We being satisfied of 
the loyalty of said John Leverett, particularly demonstrated by his 
forwardness in proclaiming ourself in the said New England." 
Draft rnern. on hack for similar license to Francis Willoughby, 
merchant, bound to his habitation in New England in the same 
ship with his family and goods, &c. 1 p. [Col. Papers, Vol. XVI., 
No. 50 ; see also Bom. Entry Bh, Clias. II., Vol. VII., p. 18.] 

Api'il 28. 290. Memorandum of a letter from the King to the Duke of York. 
To make provision for Sir Thomas Whitstone to transport twelve 
planters to Jamaica. [Bom. Entrij Bl:, Chas. II., Vol. III., jyp- 32, 
102.] 

April 28. 291. Memorandum for a pass for Nehemiah Bourne, merchant and 
family from Hamburgh to any of the King's plantations, see No. 
303. ■ [Bom. Entry Bl:, Chas. II., Vol. VII, p. 29.] 

April 29. 292. Warrant to the Sheritts of Middlesex to deliver to Capt. 
Wm. Joy, to be transported to Jamaica, fifteen prisoners in Newgate 



AMEEICA AND WEST INDIES. 89 

1662. 

as named, who after conviction are now pardoned. [Dom., CJias. II., 
Vol. LIIL, Ko. 90, Cal., p. 353.] 

April 30. 293. Memorandum for a pass for Capt. Plaineville, the King's 
servant, to Jamaica or any other plantation, there to seat himself 
and trade as freely as the King's subjects. \D<jm. Entry Bk., 
Ckas. II., Vol. VII, p. 29.] 

May 3. 294. An additional instruction to Thos. Lord Windsoi-, Governor 

Whitehall, of Jamaica. After he has received into his power and obedience 
his Majesty's island of Jamaica and established [the government] 
there, he may find it necessary in person to inform his Majesty 
of the grounds and probabilities of future designs for the advance- 
ment of his Majesty's dominions, to take directions thereon, and 
prociu-e supplies and necessaries ; license is hereby granted to him to 
repair to his Majesty, leaving a deputy fit to govern in his absence. 
[Col. Entry Bh, No. 27, p. 20.] 

16G2? 295. Petition of Sir Will. Davidson to the King. That the 

Mary of London, laden with goods and assigned to the petitioner, 
was about Feb. 1658 seized at Barbadoes. Prays for letters to the 
Governors, Deputies, Judges, and Council there, that justice may 
be done him. [Col. Papers, Vol. XVI., No. 51.] 

May 9. 296. The King to Lord Willoughby of Parham, Governor of 

Whitehall. Barbadoes, and to his President and Council. Being desirous to 
express his sense of the services of Sir William Davidson, his 
Majesty's Agent and Commissioner at Amsterdam, he is recommended 
to his Lordship's countenance, especially in a cause in which he 
demands satisfaction for the Mary of London, unjustly seized, and 
so adjudged in the Court of Admiralty in England, in pursuance of 
which sentence his Majesty desires that he may find ready and full 
satisfaction, i p. {Dom. Entry Bh., Chas. II., Vol. Ill, p. 45 ; also 
Vol. IV., pp. n3, 114.] 

May 12. 297. Francis Lord Willoughby, Governor of Barbadoes, to Colonel 
Londou. Walrond, President of the Council of Barbadoes. The King has 
laid his commands on his Lord.ship, as they will see from the letter 
brought by Lord Windsor, to assist him upon all emergencies. Ex- 
pects his own coming to them will be very sudden, but till then 
desires them to assist Lord Windsor in the carrying of men to 
Jamaica, and with what victuals the i.sland can afford. Indorsed, 
This is a true copy of the original, attested the 19th August 1662, 
per me, Edward Bowden, Depty Secry. l-i pp. [Col. Papers, Vol. 
XVI, No. 52.] 

May ? 298. Petition of John Walrond to the King. Petitioner and his 

family served throughout the late wars with constant loyalty, but is 
now dispossessed of an oflice which he held in Barbadoes by John 
Daw-es pretending a grant thereof from his Majesty. Prays for 
leave to defend his claim by due course at law, and that the Governor 
there be so instructed. Indnrsrd, " Letter to Barbadoes to Lord 
Willoughby." 1 p. [Col. Papers, Vol. XVI., No. 53.] 



90 COLONIAL PAPERS. 



1662. 

May ? 299. C'ojiy of the preceding. Indorsed, " To speak with IMr. 

Ashliuvnliain, to Willoiighby Governor of the Barbadoes, or his 
President and Council there." 1 p. [Col. Papers, Vol XVI., No. 
54.] 

May 13. 300. The King to Lord Willoughby of Parham, Governor of Bar- 
Ijadoes. Jolni Wah'ond, gentleman, having represented by petition 
that .John Dawes has dispossessed him of an office in Barbadoes under 
colour of a grant of said office, his Majesty commands that Wakond 
be suflered to try his right at law against the ^pretensions of said 
John Dawes in the ordinary courts of the island. ;V p. [Dom. 
Entry BL, Chas. II., Vol. Ill, p. 50 ; also Vol. IV., pp. 117, 118.] 

[Jla}' 14.] 301. Petition of the planters and merchants of Virginia to the 
King. Set forth the great evils of planting vast quantities of tobacco 
in England as well as Virginia and other places, to remedy which 
they have unanimously resolved upon two expedients which they 
pray may be granted, viz., to prohibit the planting of any tobacco in 
Virginia and Maryland after 1st June 1663, which will encourage the 
more staple commodities of silk, flax, hemp, pitch, pot-ashes, and 
that no ship depart from those colonies before 1st May next, except 
only that which shall carry Sir Wilham Berkeley there. Indorsed, 
" May 14, 1662." 1 p. [Col. Papers, Vol. XVI., No. 55.] 

May 26-8. 302. Correspondence between Major Daniel Denison, Major 
"Wells "William Hathorn, and Capt. Richard Walden on behalf of the 
[. aint-j. Qeneral Court of Massachusetts, and Henry Jocelj-n, Nicholas Shap- 
leigh, and Robt. Jordan, Commissioners for Ferdinando Goi-ges, as to 
the powers by which said Commissionei's have summoned this pre- 
sent Assembly at Wells and their exercise of authority over the 
people of Yorkshire, who have acknowledged themselves subject to 
said Government [of Massachusetts] by their subscriptions, and are 
bound thereunto by their oath. Seven letters. Annexed, 

Warrant of the Commissioners of the General Court of Mas- 
sachusetts, in his Majesty's name, summoning the inhabitants of 
the county of York to appear before them at the house of 
Francis Littlefield, in Wells, at 3 o'clock this 27th inst., to 
receive such orders as shall then be communicated to them fi'om 
said General Court. Also, Warrant to Nathaniel Masterson, 
Marshal of the county of York, to publish the above warrant. 
Wells, 1662, May 27. 

Commissioners of the Massachusetts to the Commissioners of 
Ferdinando Gorges. Beseech them to remember theii" solemn 
oaths to the authoi-ity of tlie Massachusetts immediately derived 
from Charles I.'s charter of 1628. They are not affrighted by any 
commissions from Gorges upon any pretence whatsoever, resting 
confident in his Majesty's justice and favour against all pre- 
tenders. If they still continue in their disorderly actings to the 
disturbance of the King's peace, they will enforce the wa-iters to 
change their style, as they cannot o%vn Gorges' commissioners. 
May not play with them, liut once again advise and require 
them to put a period to their unjust violations of the right of 



AMERICA AND WEST INDIES. 91 

1G(J2. 

the Massacliiisetts, their own faith, and the peace of this peoiilc. 
16C2, May 27. 

Resokition of the trustees of Ferdiuando Gorges, Lord Pro- 
prietor of the province of Maine, by authority derived from his 
Majesty, that they neither do, nor may by any means, pass into 
an Act "the motion and issue of this presence," as being destruc- 
tive and averse to the liberties of the freeholders of this 
province, &c. Wells, 1GG2, May 27. 

List of the names of the (11) trustees. Lieut. Wm. Phillips, 
Speaker, Georg(3 Munion, Edward Rishworth, Humphry Chad- 
born, Richard Nayson, Wm. Symonds, John Sanders, Arthur 
Auger, Christopher Lawson, Thos. Haynes, and Walter Mathews. 
Wells, 1662, May 27. 

Minute signed by the Comiiu^si(jiii rs of the Massachusetts. 
That upon confei-ence with tbf uviulinu-u who continued to 
assert the interest of Ferdinaudu Gdryrs, in the county of York, 
it was mutually agTeed that Henry Jocelyu, Major Shapleigh, 
Capt. Waldon, and Capt. Pike should keep a court at York on 
the first Tuesday in July next for hearing and determining all 
causes, civil and criminal, and that the I'ecords be transferred to 
York and delivered to Mr. Rishworth, who shall return same to 
said court into the hands of the recorder. Also that the clerks 
of the writs shall issue forth all process in the King's name in 
the style therein set forth. 1662, May 28. Copies certified by 
Francis Neale, Secretary. Together 10 [>p. {Col. Papers, Vol. 
XVI., Fo. .56.] 
May. 303. The King's pass for Nehemiah Bourne, merchant, to trans- 

port himself and family, together with their goods and necessaries, 
to any of the plantations within the King's dominions or elsewhere 
without let or hindrance. [Dom., Chas. 11. , Vol. LV., No. 27, Cal., 
p. 386.] 
June 1. 304. Attestation of Wm. Quick, Dru. Drury, and Roljert Chap- 

Charies Island, pell, concerning the King of Barra and the Dutch. Forasmueli as 
the King of Barra, deceased, made war against the English here in 
Gambia, the war was procured by Peter Justobaque, a Dutch mer- 
chant, as has been declared by several of his subjects when they 
came to conclude peace. Whereupon it was thought convenient to 
visit the King now reigning ; which they did, taking with them 
two Portuguese, called Antonio Vas and Jasper Martins, and desired 
him to declare the truth. He said he did not see Peter Justobaque, 
but that the Duke of this country, called Tambo, told him that 
Justobaque came to Barcaren, where the King lay very sick, and 
delivered this message to Tambo ; that he had come to Cajse Verd 
with all sorts of goods, and that the English have no goods and but 
small force, so that if the King would make war against the English 
by land, he would do the same by sea, and afterwards trade as 
formerly, without any disturbance from the English. These words 
spake the King of Barra, and his Major Domo affirmed the same. 
Signed by Jasper Martins, Antonio Vas, Wm. Quick, Dru. Drury, 
Robert Chappell. Translated out of Spianish. Indorsed, The King 
of Barra, his declaration. 1 p. [Col, Papers, Vol. XVI,, No. 57.] 



92 



COLONIAL PAPERS. 



1G62. 

June 1. 305. Another copy of the preceding. Indorsed by 'Williamson, 
Charles Island. " Atte.station of y<= Dutch treachery in y businesse of y^ K. of Barra." 
1 p. [Col. Papers, Vol. XVI., Ko. 58.] 

June 3. 306. Minutes of the Council of Barbadoes. Ordered that writs 
be issued to summon the Assembly to meet the President and 
Council on Wednesday, the 11th inst., M-hen the Treasurer is to 
Tiring in his accounts by eight o'clock in the morning, h 2'>- [Col. 
Entry Bl:, Vol. XL, pp. 64, 6-5.] 

[June] 307. Petition of the planters and trader.s to Virginia to the 

King. Duplicate of the petition dated 14th May [see ante, Ko. 301], 
except that the last paragraph about Sir Wm. Berkeley is omitted, 
i/^f/o/'.s'"'/, "Received May 2G, read June 2G, and ordered June 29, 
1GG2." 1 p. [Col. Papers, Vol. XVI., No. 59.] 

308. Order of the Privy Council on petition of the planters and 
traders to Virginia, for a cessation of planting tobacco, &c. Directing 
that said petition be rejected, and, that their Lordships tvoidcl not 
henceforth receive any petition of that ncdure. Indorsed, Read June 
13, 1662. "This last clause vacated." 1 'p. [Col. Papers, Vol. 
XVL, Ko. GO.] 
June .5. 309. Minutes of a Committee for Plantations. A patent to 

lie prepared by the Attorney-General constituting [Francis] Lord 
Willoughby of Parham, Lieut.-Governor of Barbadoes and the 
Caribbee Islands for seven years ; to execute that charge at his 
own cost, for one half of the profits arising there, the other half to 
go for satisfaction of the late Earl of Carlisle's creditors, who it is con- 
ceived will take a third or at most one half of what is owing to them, 
to be assured of such payment ; if all are paid within the seven years, 
the moiety then to be accounted for to the King ; Lord Willoughby 
to prepare his own instructions, and suljmit the draught to this 
Committee. 

Concerning Surinam. The Lord Treasurer and Lord Ashley 
of opinion that the owner of Surinam ought not to be Governor 
of Barbadoes, as he might draw all the plantei-s and labourers 
from Barbadoes to Surinam, to improve his ovm interest there, 
and so deprive Jamaica of those planters which otherwise would 
go from Barbadoes thence. All the Lords of the Committee 
think it best that Lord Willoughby should be made Governor of 
Surinam onl_y for life, that he have a grant of a large proportion of 
land there, which may be erected into a county palatine ; and that 
liberty of conscience be granted to all that shall plant in Surinam. 
Ln Sir Ediv. Nicholas' hand. 1\ p. [Col. Papers, Vol. XVL., 
No. 61.] 
June 8. 310. Petition of Henry Adis to the King, in behalf of himself 

and six families more that are willing to transport themselves to 
Surinam. Whereas there is an Act of Parliament lately pubhshed, 
nominally against that people called Quakers, which has plentifully 
taken hold of persons of other persuasions, who are actually im- 
prisoned, the penalty for breach of which is banishment ; and foras- 
much as ijetitioners are, by the law of God, required to obey every 



AMERICA AND WEST INDIES. 93 



1662. 

ordinance of man for the Lord's sake, and are willing to suffer the 
penalty by a free banishing of themselves : crave his Majesty's free 
pass, and his Eoyal pi-otection whilst acting in order to their 
passage ; that so they may gain in and pay their debts, " lest we 
cause the name of God and that truth we do profess to be evil spoken 
of, if we discharge not a good conscience to man." And that 
petitioners may have a certain passage, when they have sold off 
and bought and embarked what will be fitting for their voyage. 
Signed by Henry Adis and Richard Afflett. Underwritten, Rich. 
Adis, Mary his wife, Sarah and Timothy Adis his children, An. Ware, 
Peter Sega and two more servants, Rich. Afflett, chandler, Arm his 
wife, Susan his daughter, Geo. Nicklson, servant, Mary Hall, a young- 
child kinswoman. " Received June 8, read in Council July 22, 
1662. That the petitioners underwrite their petitions." 1 j). 
[Col. Papers, Vol. XVI., No. 62.] 

June 13.] 311. Petition of merchants, owners of ships, planters, traders to 
Virginia, and others to the King. Set forth in their reasons the 
many inconveniences and mischiefs that will befall his Majesty and 
his subjects if a petition against permitting any ship with tobacco 
to depart from Virginia or Maryland before 1st May next be granted 
[see ante. No. 301], and pray they may have a hearing before the 
Privy Council concerning said petition. Indorsed, 1662, Juno 13. 
Inclose, 

The reasons referred to in above petition. Together, 3 'pp- 
[Col. Papers, Vol. XVI., Nos. 63, 64.] 

June 13. 312. Order of the Privy Council on petition of the jilanters and 
traders to Virginia for restraint of planting tobacco after June 1663 
and allowing any ship to sail from Virginia with tobacco before 1st 
May next. Refer to a previous Order in Council of 26 th May in which 
said petition was rejected and their Lordships then declared that 
henceforth they would receive no petition of that nature. That on 
review of said order their Lordships now declared that it was not 
their intention to forbid or discourage the merchants and planters 
from making their addresses to them, and it is hereby ordered that 
the consideration of the whole matter should be resumed on 20th 
inst., when said petitioners and Lord Baltimore are directed to 
attend. ' 1 p. [Col. Papers, Vol. XVI. No. 65.] 

June 16. 313. Minutes of the Council for Foreign Plantations. Several 
Jnner Court sums of money being due in order to the charges of this Council, 
o War b. \}^Q\y. secretary Mr. Froude is ordered to wait upon the Lord Treasurer 
for his warrant for 150Z. towards said chai'ges ; also to desire some 
of the Lords of the Piivy Council who are likewise of this Council 
to attend on Thursday next. -,V p. [Col. Papers, Vol. XIV., No. 59, 
2X 45.] 

June 28. 314. The King to the Governor of the Massachusetts Bay. 

Hampton Court. ,Simon Bradstreet and Jo. Norton liave presented to his Majesty an 

address and petition fiom the General Couit of Massachusetts which 

has been very acceptable to him. Is well satisfied with their ex- 



94 COLONIAL PAPERS. 

1662. 

pressions of loyalty, duty, and good afFection, and will cherish them 
with his best encouragement. Confirms the patent and charter 
granted by his Eoyal father, which his Majesty is ready to renew 
whenever they desire it, that they shall freely enjoy aU their privi- 
leges and liberties. And because the people may have swerved 
from the rules prescribed and even from the Government instituted 
by said charter, which the King imputes rather to the iniquity of 
that time than to the evil intention of the hearts of those who 
exercised the Government there, his Majesty hereby declares his 
free pardon to all of that plantation for all offences committed against 
him dm-ing the late troubles, excepting only such persons Avho stand 
attainted by Parliament of high treason, if any such have transported 
themselves into those parts, the apprehending of whom is expected 
if they be foimd there. Provided that all laws and ordinances made 
during the late troubles contrary and derogatory to the King's 
Government be annulled and repealed, the oaths of allegiance duly 
observed, and the administration of justice take place in the King's 
name. And as the principal end of their charter was liberty of 
conscience, his Majesty requires that those who desu-e to perform 
their devotions according to the Book of Common Prayer be not 
denied the exercise thereof nor undergo any prejudice thereby, and 
that all persons of good and honest lives be admitted to the Sacra- 
ment of the Lord's Supper according to the Book of Common Prayer, 
and then' children to Baptism. " We cannot be understood hereby 
to direct or wish that any indulgence shoidd be gi-anted to those 
persons commonly called Quakers, whose principles being inconsistent 
Avith any kind of government we have found it necessary by the 
advice of om- Parliament here to make a .sharp law against them, 
and are well contented that you do the like there." If foimd by 
experience that the number of assistants enjoined in the charter be 
judged inexpedient, as the Kmg is informed is the case, his Majesty 
declares his pleasure that the number of said assistants shall not 
exceed IS nor be less than 10. All freeholders of competent estates 
not vicious in conversation and orthodox in reUgion to have their 
votes in the election of all officers, both civil and military. This 
letter and his Majesty's declaration to be commvmicated to the next 
General Com't, and published that it may be known the King takes 
the plantation into his protection and is ready to receive any appH- 
cation or address from his subjects there and will advance their 
trade by his utmost endeavour and countenance. 3 'pp- V^'^^- 
Papers, Vol. XVI., No. 66.] 

June 28 315. Copies of the preceding. {Col. Pcqwrs, Vol. XVI., Xo. 67; 
also Dom. Entry Bk., Clais. II., Vol. VII., pp. 128-181.] 

June 28. 316. Memorial of [Adolph Wolflratt], agent of the Duke of Cour- 
Londou. land, to the King. Doubts not that his Majesty, from the 
memorials submitted to him in the name of the Duke of Courland 
and SemigaUia, has understood how his Highness' i forts, built 
upon some islands in Africa, in March 1661, were invested by 
certain English ships, and are retained to this day. Ten years and 
more ago the Prince of Courland Iwught from the King of Barra the 



AMERICA AND WEST INDIES. 95 



1G62. 



Island of St. Andrews, and from others Julfro and Bajona, and con- 
structed forts there at immense expense, without opposition and by 
consent of all the princes of Europe. Nor has he ever ceded the 
forts, neither must the formula of contract with the West India 
Company of Amsterdam, of 4 Feb. 1659 be so imderstood ; for 
it was agreed that said company shouLI restore to the Piince his 
territories, isles, and forts, and afterwards the States General, in 
July IGGl, gave notice that the Company was prepared to carry 
out' their agreement. The Duke does not wish to relinquish his 
possessions, but to receive and enjoy them himself. Hopes that 
his Majesty will by no means permit the Duke of Courland 
or his heirs to be disturbed in their lawful possession, much 
less to be deprived of any part thereof; and that his Majesty will 
order that said islands and forts be restored to the Duke of 
Courland, who has not any intention to close the river or hinder 
his Majesty's subjects in their commerce, but declares they may 
build houses and construct forts. Latin. 2\ pp. \Cul. Pcqx^rs, 
Vol. XVI., No. 68.] 

July 1. 317, Declaration of Robt. Jordan, Commissioner forFerd. Gorges, 

at and to an Assembly at Acomenticus, otherwise imduly styled 
York, in the province of Maine. In reference to the administration 
of justice, and the appointment of justices, who must be resident in 
the province. " Acted and acknowledged by me, Robert Jordan, 
Commissioner." 2 pp. [Col. Papers, Vol. XVI., No. 69.] 

[July 2.] 318. Petition of the Company for Propagation of the Gospel in 
New England am;! parts adjacent of America. That by their en- 
deavours many of the heathen natives of New England have been 
converted, sums of money raised by a general collection throughout 
England and Wales, and land purchased for settling a yearly 
revenue ; that the New Testament and a good part of the Old 
(whereof the rest is making ready for the press) hath been printed 
in the Indian language. That the King, " considering the conse- 
quences of so glorious a work," hath lately erected a corporation 
to carry on and perfect the same ; but chiefly through Col. Bedding- 
field interrupting their possessions and receiving the profits of the 
lands formerly purchased of him, with the greatest part of the 
moneys received by the former collectors, the charges for two years 
have much exceeded the income, which is much too small to carry 
on the work, in regard of the great charge that will be requisite, 
partly for recovering the greatest part of their revenue injurionsly 
detained from them, partly for the perfecting so costly and necessary 
a work as perfecting the translation and printing of the Bible, and 
partly for the maintenance of schools for the Indian children. Pray 
that his Majesty would grant one general collection throughout 
England and Wales for the purposes aforesaid, for that the benefit 
intended by the former collections was not fully attained, there 
being divers counties in the kingdom, and several parishes in the 
city of London, wherein no collections for this work have boon 
made. " Read July 2, 16G2." 2 'pp. [Col. Papers, Vol. XVI., No. 
70.] 



96 COLONIAL PAPERS. 

1G62. 

July 2. 319. Order in Council on the above petition of the Company for 

Whitehall. Propagation of the Gospel in New England and parts adjacent in 

America, recommemling same to the Lord Chancellor, who is directed 

to give order for a lirief for a general collection accordingly. 3 pp. 

[Col. Entry BL, Vol. LX., pp. G-9.] 

July 6-7. 320. Mem. of a resolution of the Commissioners of Ferdinando 
Gorges. That Francis Neale, secretary, shall draw up true copies'of 
all Acts that have passed since the first day of Gorges' assertion of 
his right to the province of Maine after 8th Aug. 1660 to this 
present, with Robt. Jordan's assistance. Also, Mem. that Francis 
Neale demanded of Edward Rishworth his assistance in reference 
to the records in his custody, who replied that he had received no 
orders in relation thereto, and therefore was not willing to deliver 
up any such records. Ccrfith J ,,.y,./ hij Francis JSfeale. The papers 
above referred to will he fun nil rnlnxlared in their respective order 
of date. I 2'>- [Col. Paiwrs, Vol. XVI., No. 71.] 

July 7. 321. Warrant to the Attorney-General to prepare a bill to pass 

Hampton Court, the Great Seal containing a grant of the title of Ijaronet of the king- 
dom of Nova Scotia to Col. Thomas Temple and the heirs male of 
his body, with all the rights and privileges thereto belonging and 
heretofore granted to any other person, and a release from all ser- 
vices or sums of money in consideration thereof i p. [Dom. Entry 
BL, Chas. II., Vol. Vil.,p. 148.] 

July 10. 322. Grant to Thos. Temple of the office of Governor of Nova 
Scotia and Acadie, and other parts in America, for life ; all Royal 
mines excepted, with Admiraltj^ jurisdiction and all other powers 
and privileges as are inserted in grants of like nature. [Docqihet, 
Dom., Chas. II.] 

July 10. 323. Commission to Thos. Temple for the government of Acadie 
and part of Nova Scotia during pleasure, with such powers and 
privileges and regulation of the people and trade there as was 
directed to be inserted by warrant under the King's sign manual of 
5th April, see ante, No. 273. [Docqiiet, Dom., Chas. II.] 

[July 11.] 324. Declaration of Lord Windsor, Governor of Jamaica, at 
Barbadoes. Forasmuch as his Majesty has given permission to all 
free persons to transport themselves with their families and goods, 
except only coin and bullion, from any of his dominions to the 
island of Jamaica ; and the President and Council of Barbadoes, 
having ordered the same to be put into execution, desire to know 
the conditions, ways, and means. Lord Windsor hereby declares 
(1) that all persons now ready to transport themselves to Jamaica 
shall have the benefit of the present fleet, and upon their arrival 
shall receive allotments of land without delay ; (2) that those who 
are desirous to entertain themselves as servants I'br a year or more 
shall have their lands set out notwithstanding ; (3) that all handi- 
crafts or tradesmen shall have all encouragement ; (4) that none 
shall be imposed upon in point of religion, provided that they con- 
form themselves obediently to the civil government ; (5) justice 



AMERICA AND WEST INDIES. 97 

1662. 

shall be duly administered agreeably to the laws of England, or 
such laws, not repugnant thereto, as shall be enacted by consent of 
the freemen of the island ; (6) that free commerce with foreigners 
shall be allowed. Certified copy by Edward Boiuden, Deputy Secre- 
tary. 2 j)p- [Col- Papers, Vol. XVI., No. 72.] 

325. Three propositions of Lord Windsor to the President and 
July II. Council of Barbadoes, to which their answer in writing isrecpested : 
(1) That the royal proclamation which has been published may be 
proclaimed with the usual grandeur in all public places ; (2) that 
all free persons may have liberty to transport themselves, their 
families and goods without jirejudice or contrived hindrances ; 
(3) that as it is not only pi-obable, but by intelligence known, tliat 
the Spaniard endeavours to disturb the first settlement of Jamaica, 
the President and Council of Barbadoes will declare their ready 
obedience to his Majesty's commands when necessity thereunto shall 
require it. Certified copy by Ed. Bou'den, Dep. Sec. 1 p. [Col. 
Pa2)ers, Vol. XVL, No. 73.] 

July II. 326. Order of the President and Council of Bavljadoes. Lord 
[Barbadoes.] Windsor having presented to the Board the King's letter to Lord 
Willoughby, his Majesty's proclamation to encourage settlement in 
Jamaica, and his own proposals to the jjeople of this island, ordered 
that they be published in St. Michael's towTi to-morrow by the 
Provost- Marshal by beat of drum, next Sabbath day in all the parish 
churches, and in all the courts of common pleas. Answers given in 
writing to Lord Windsor's three propositions. Signed by Edward 
Bowden, Dep. Sec. I p. [Col Papers, Vol. XVL, No. 74.] 

July 11. 327. Answer of the President and Council of Barbadoes to the 
demands of Lord Windsor : (1) His Majesty's proclamation shall 
be ]iublished to-morrow by beat of drum in St. Michael's town, and 
on Sunday next in all the parish churches, and in the several courts 
of common pleas as they shall sit ; (2 ) all persons free from del its 
and covenanted service, having legally obtained a ticket from the 
superior authority of the island, sliall not only have liberty, but 
cheerful encouragement for their transportation to Jamaica ; (3) the 
President and Council will with their utmost industry yield all aid 
and assistance that the island can conveniently afford when thereunto 
required. Certified copy by Ed. Boicden, Dep. Sec. 1 ^j. [Cc?. 
Papers, Vol. XVI., No. 75.] 

July 1.5. 328. An Act for the furthci-ance and encouragement of such 
[Baibadoes.] persons as desire to go ott' this island under the coromand of his 
Excellency the Lord Windsor to inhabit the island of Jamaica. 
Whereas by the laws and customs of this island for the satisfaction 
of creditors no person is free to go off the same unless his or her 
name be set up one and twenty da3's in the Secretary's office, and 
be not underwritten during that time, which time seems too long in 
this present conjuncture, in regard of Lord Windsoi-'s stidden inten- 
tion of departing from hence. Be it enacted that during the space 
of one month from this date, if the fleet now in port stay so long, 
jiersons that have a mini to go shall set up their names accordingly 



98 COLONIAL PAPERS. 



during the space of seven days only ; but if any person be under- 
written, said underwriting, if desired, shall be forthwith determined 
by a special court of common pleas empowered by the President 
and Council. Certified copy by Ed. Bomden, Dep. Sec. Ih pp. 
[Col. Papers, Vol. XVI., No. 7(3.] 
July 15. 329. Proclamation of Governor D'Oyley concerning imprisonment 
[Jamaica.] for debt. That because of the general want both of stores and 
prisons to maintain and secure prisoners for debt, such persons after 
legal process or by special order of the Governor and Council shall 
upon complaint of the Provost- Marshall or the creditors, be appointed 
to serve said creditors for the aforesaid debts according to the service 
herein set forth, as is allowed and practised by the well constituted 
Governments of Barbadoes and other the Caribbee islands. [Col. 
Entry Blcs., No. .34, pp. 47-51, and No. 37, pp. 11, 12.] 
July IG. 330. Orders of the Governor and Council of Jamaica. Commis- 
sions of the judges and justices of the peace to be continued. Parcels 
of land granted or purchased by the harbour side, having been con- 
sideralily built upon, no one shall pass or repass the harbour when 
enclosed, without leave from the proprietors. That five shillings 
be allowed for serving a writ upon Wm. Parker for 4?. That John 
Williams be released from his servitude, and his wiitings burnt liy the 
hangman, petitioner paying 20s. for being drunk, of which 10.s. tothe 
hangman. That Sarah Mitchell have licence to sell drink. That Joan 
Sedison, maid to Margery Webling, serve five years. On petition of 
Capt. Burroughs, Robert Nelson, and Jno. Colebank, and Humphrey 
Freeman, ordered that they may dispose of the plantations now in 
possession of Capt. Rich. Guy, on certain conditions. 2 jyp- [Co^- 
Entry Bhs., No. 34, pp. 45, 46, and No. 37, p. 11.] 

July IG. 331. Petition of the Mayor of Bristol to the King. Among those 
who repair to Bristol from all parts to be transported for servants 
to his Majesty's plantations beyond seas, some are husbands that 
have forsaken their wives, others wives who have abandoned their 
husbands ; some are children and apprentices run away from their 
parents and masters ; oftentimes unwary and credulous persons 
have been tempted on board by men-stealers, and many that have 
been pursued by hue-and-cry for robberies, burglaries, or breaking 
prison, do thereby escape the prosecution of law and justice. 
Prays for power to examine all masters of ships belonging to Bristol 
bound for the plantations, and also all servants and passengers on 
them, whether they go of their own free will, and to keep a register 
of them. [Dom., Clms. II., Vol. LVIL, No. 71, Ccd., p 441.] 
July ? 332. Order [in Council ?]. That Sir William Berkeley forthwith 

repair to his Government in Virginia and consult with Loi'd Balti- 
more's Lieutenant in Maryland upon promoting the planting of 
hemp, flax, and silk, &c. in those parts, and the restraint of planting 
tobacco, for which his Majesty's letters are to be written. 1 p. 
[Col. Papers, Vol. XVI., No. 77.] 
July ? 333. Petition of Sir William Berkeley, his Majesty's Governor of 

Viro-inia, to Lords of the Council for Foreign Plantations. That by 



AMERICA AND WEST INDIES. 99 



I6G2. 

the King's command he is suddenly to depart for Virginia, there to 
promote those staple commodities of silk, hemp, flax, potashes, masts, 
and timber for shipping, which Virginia is so admirably proportioned 
to produce, that within seven years England will not be necessitated 
to bring them from other countries. For this some few skilful men 
are wanted to teach the nearest and cheapest way to produce such 
commodities, for which 500?. once expended will be sufficient. Re- 
quests instructions for the good of the Colony, which he suggests 
" that your Lordships may do this with less trouble." As to the 
admmistration of justice and making of laws. Observations on 
some laws, which the civihans call extravagant. They will in future 
print their laws for their Lordships' approbation, amenthuent, or 
rejection, so that errors cannot be of more than one year's duration. 
As to the Governor's allowance. Desii-es leave to add one law more 
to those they have already deviating fi-om the laws of England in 
reference to payments in other commodities to the exclusion of 
tobacco. For permission to print this petition, that any planter or 
merchant having anything to oppose may present it to theii" Lord- 
ships. 3 pp. {Col. Papers, Vol. XVI., No. 78.] 

July 21. 334. Minutes of the Council for Foreign Plantations. Petition 
of Sir Wm. Berkeley, Governor of Virginia, having orders speedily 
to repair to his Government, making proposals for the advancement 
of that plantation, and reciting laws made there (by the civilians 
called extravagant), with the reasons for making them, which he 
prays may be considered, amended, or rejected as this Council should 
think fit, and another law added (as in said petition is more fidly 
contained). LTpon debate thereof, and it appearing to be matter 
of great weight, it is ordered that aU persons interested be desired 
to attend on Monday next [2S^/t.'' next Monday week, see ^th Ann., 
No. 341.] 1 p. [Cd. Papers, Vol. XIV., No. 59, pp. 45, 46.] 

July 21. 335. A record of the whole proceedings between the President 
and Council of Barbadoes and Lord Windsor, Governor of Jamaica, 
from his arrival on the 10th of July to his departure on August 1 
following. On the 11th of Jidy Lord Windsor presented to the 
President and Council the King's letter directed to Lord Willoughby 
concerning the peopling of Jamaica ; a letter from Lord Willoughby 
to the President and Council of this Island ; the King's proclama- 
tion, and his own declaration to the inhabitants of this island. 
Ordered that said proclamation and declaration be published the 
next day by beat of drum in St. Michael's, also in all churches and 
courts of common pleas. Lord AVindsor also presented a paper con- 
taining three proposals, which was read, and an answer in writino- 
made by the President and Council. Then follows Lord Willoughby 's 
letter; the King's proclamation dated 14th December 1661 [see 
ante, No. 195]. Lord Windsor's declaration, his three proposals, and 
the answer of the President and Coimcil dated 11th July 1662 [see 
ante, Nos. 324-327]. 7i pp. {Col. Entry BL, Vol. XL, pp. 65-72.] 

July 22 336. An Act for the better encouragement of such persons as 

[Barbadoes.] shall now cmlmrk for Jamaica. Whereas Lord Windsor has repre- 



100 ' COLONIAL PAPERS. 

1662. 

sented that many persons intending to transport themselves to 
Jamaica upon this present fleet are much impeded, by reason that 
their employers and other persons owing them sugar, goods, and 
money, refuse to pay the same : Be it enacted that the justices have 
power to hear and determine all matters of debt, and to attach 
sugar, cotton, ginger, indigo, tobacco, servants, slaves, cattle, horses, 
or provisions of the defendant, not exceeding 4,000 lbs. of sugar, on 
plaintiff producing a certificate from the Secretary's office and from 
Lord Windsor's Commissioners, that he has contracted to go this 
voyage. Provided that if any person after recovery shall fail to 
proceed on said voyage he forfeit double the amount so recovered. 
Certified copy by Ed. Boivden, Dep. Sec. 2i pp. [Col. Papers, 
Vol XVI., No. 79.} 

July B-t. 337. Jolni Francis, of the Diamond, to the Navy Commissioners. 
According to orders from Col. D'Oyley, Governor of Jamaica, set 
sail thence on April 24th to the Caiman Isles for turtle to victual 
home, but coming too soon for it, stayed till May 29th, and then 
set sail for England, being .forced to take turtle of a Frenchman at 
last: arrived this day in the Downs. \_Dom., Chus. II., Vol. LVIL, 
No. \00,Cal.,p). 446.] 

July 26. 338. Memorial of Adolph Woltfratt, agent of the Duke of 
London. Courland, to the King. Concerning the forts in Gambia belonging to 
the Duke of Courland and Semigallia when English .ships took posses- 
sion of them, the matter stands thus : The Duke's Commissioner, 
Henry Momber, and the Governors of the West India Company, when 
the Duke was taken prisoner by the Swedes in Ingermanland, agreed 
that the Company should maintain the forts and have commerce, 
until the Duke redemanded the same, as witness the form of conti-act 
annexed. The Company took possession, but in 1660 desired the Duke 
would resume possession. Otto Steele, who formerly was Governor of 
those forts, arrived in the River Gambia in June 1660, and the forts 
were restored to the Duke, who kept possession tiU March 1661, when 
Capt. Holmes commanded him to give up the isle and forts to the 
English, so the Governor, being forced, gave them up, as appears by 
the relation of the Governor, hereto annexed. The paper, No. 3, 
hereto annexed, shows that the Duke never abandoned to any Prince, 
State, or Company the least right over his territories or forts, 
and the memorial delivei-ed to his Majesty on June 28 \see ante, 
No. 316] shows it is not the meaning of the Duke to shut up the 
river, or hinder the affairs of his Majesty's subjects in those places, 
since his only wish is that they likewise may fix their habitations 
there and raise forts. The Duke of Courland assures himself that 
his Majesty wiU neither trouble his Highness in his lawful posses- 
sions, nor permit the like to be done by others, but will protect him 
against all injuries. But neither the Duke nor his successors will 
ever abandon the dominion over these forts to the pi-ejudice of his 
Majesty's subjects, and they cannot be taken by any State if the 
Duke is assisted by his Majesty. The subjects of his Majesty and the 
Duke may live peaceably, build, and plough, within their respective 
territories and forts ; and his Majesty's subjects with their man\' 



AMERICA AND WEST INDIES. 101 



great ships, can have as much profit as the Duke with his little 

ones can ever have. Latin. Annexed, 

338. I. Contract between Henry Momber, commissaiy of the Duke 
of Courland, and the Governors of the West India C!ompany 
of Amsterdam. The Company shall protect and maintain 
the place, forts, and negotiations in Gambia, under the Duke, 
until he can defend them himself; and shall enjoy the 
benefit of the navigation, and pay the garrison during said 
time. But as soon as the Duke can direct his own atlairs 
and redemand his forts in Gambia, the Company shall 
restore the same. Amsterdam, 1659, ■ ^"'"""•y JA 

February 4. 

338. II. Eelation of Otto Steele, Governor for the Duke of Cour- 
land in Gambia. T'he West India Company having forsaken 
the Duke's isles and forts in the river Gambia, Steele took 
posst'ssion of same and kept them vmtil March ICCl, when 
Ca}it. Holmes came with his Majesty's ships of war and 
commanded Steele within 1 days to deliver them up. After 
having informed Capt. Holmes that said isles and forts 
belonged to the Duke of Courland, and that he was not able 
to repel his forces, Steele gave up pos.session to Capt. Holmes. 
London, 1661-2, March 13. 
338. III. The States General to the Duke of Courland. Have 
rccc'iA-fd his Highness' letter, dated at Grubin, 6th May, with 
il<i(.iuiients inclosed, and understand that his commissioner, 
H. M<imbeiV|When his Highness lived without his dukedom, 
made a transaction in writing with the West Indian 
Company at Amsterdam, concerning the forts of his High- 
ness in Gambia ; return this friendly answer, tliat the 
Governors and Company are ready to perform that which 
they have promised. 
338. IV. Enghsb translation of the above memorial of Adolph 
Wolfii-att to the King, dated 30th July 1662. Together 5 
documents. 20 j^P- [Col. Papers, Vol. XVI., Nos. 80-84.] 
July 30. 339. Answer of the President and Council of Barbadoes to Lord 
Windsor's demands [see ante, Ko. 32.3]. Hope his Excellency has 
received full satisfaction with regard to the first and second demands, 
and for the third, will forthwith yield all possible aid to Jamaica, 
upon notice of any eminent danger by attempts from the Spaniard, as 
long as they are entrusted with this substituted authority, and will 
recommend the same to Lord Willoughby on his arrival. Attested 
copy by Ed. Bowden, Dep. Sec. l^^J^^. [Col. Peepers, Vol. XVI., 
A^o. 85.] 
July. 340. Bounds of Sir Thomas Temple's patent of Novia Scotia. Sir 

Thomas Temple's patent granted July 27, 1662, boimded as follows : 
— From Mereliquish on the east to the port and cape of La Have, 
along the coast of Cape Sable to Port Latour or Longre}^ thence 
following the coast and island to the Cloven Cape, river Ingogen, 
and Port Royal, to the bottom of the bay, and thence along the 
bay to St. John's Fort, Penobscot, and the river St. George" unto 
Muscentua, on the confines of New England ; extending up the land 
100 leagues and 30 leagues into the sea, and further to tlie next 



102 COLONIAL PAPERS. 

1062. 

plantations made by the Dutch, French, or English of New England. 
1 I). [Col. Paim'al Vol. XVL, N'o. 86.] 

Aug. 4. 341. Minutes of the Council for Foreign Plantations. Upon de- 

bate of Sir Wm. Berkeley's proposals for the improvement of the 
Colony of Virginia this Council was inclmed to proceed to some 
resolutions thereon, but wishing first to receive the fullest informa- 
tion they can upon said proposals, ordered that summonses be 
sent to the several members of this Coimcil to meet on Thm-sday, 
and particularly that Messrs. Digges and Jefferies be desired to 
attend to give their advice, they being expeiienced in the affairs 
and interests of that colony, i jj. [Col. Pajjcrs, Vol. XIV., Ko. 59, 
p. 46.] 

Aug. 7. 342. Minutes of the Council of Barbadoes. A narrative to be 

made to Lord Willoughby of all their transactions with Lord 
Windsor, in his design for peopling Jamaica, with representation of 
the sad condition of this island, and the sudden ruin it is like to fall 
into, if it be thus perpetually harrassed by all his Majesty's men-of- 
war as they come along. AJid that a modest narrative of all the 
passages of Lord Windsor's being hei'e be dra^\^l up and presented to 
both the Secretaries of State, f -p- [^'*^^- Enii'U B^-> Vol. XI., p. 72, 
73.] 

[Aug. 7.] 343. Petition of Thomas Breedon to the Privy Council. After 

several hearings of the proprietors and inhabitants of Nova Scotia, 
and Ml'. EUiott, the intended Governor, at the Coimcil Board, it was 
agreed that the government should be conferred upon Thos. Temple, 
for the consideration of 500L per annum, and in case he refused, 
petitioner should be his Majesty's Lieutenant there, and the rest of 
the proprietors might have their share therein, paying their several 
proportions of said annual rent ; in pui'suance of which agreement 
petitioner ^tendered Elliott secui-ity for said rent, but said EUiott, 
notwithstanding the agreement before their Honours, endeavours to 
dispose of the country to others who have no pretence of any right 
to the same ; to the utter ruin of petitioner, the inhabitants and 
merchants. Prays their Lordships to appoint a day for a rehearing 
of both parties In margin, Ag'ent, Mr. Elliott. Received 7th 
Aug. 1 p. [Col. Papers, Vol. XVL, No. 87.] 
Aug. 8. 344. Order of the Privy Council. That the petition of Francis 

Wbiteiiaii. Cradock, concerning the deprivation of his rights as Provost- 
Marshal-General of Barbadoes by Col. Humphrey Walroud, Presi- 
dent, be taken into consideration on the 22nd inst., and that Lord 
Willoughby of Parham have timely notice to object against the 
matter complained of, if he have anything to offer. Annexed, 

344. I. Order of the Privy Council. That the settlement of said 
office should be referred to Lord Willoughby (who is speedily 
going to Barbadoes), presuming he wiU have respect to the 
Letters Patent granted to said Cradock, and if he find any 
just exception against said patent to report thereof unto 
the Board. Whitehall, 1GG2, Aug. 27. 1 /'. [Col. Papers, 
Vol. XVL, Xo. 88.] 



AMERICA AND WEST INDIES. 103 



1(J02. 

Aug. 1 1 . 345. Minutes of the Council for Foreign Plantations. Question 
whether the Colony of Virginia should bear its own charge and no 
longer be burthensome to the Crown. The Council of opinion it 
.should bear its own charge, and to advise the King to recommend 
to the Colony the levying and raising a revenue for that purpose. 
Upon debate of Sir Wm. Berkeley's petition and proposals concerning 
the advancing and promoting the staple commodities of silk, hemp, 
flax, potash, and timber for shipping, it is ordered that 1,000/. per 
annum, as formerly, be submitted to the King as the Governor's 
allowance, with such increase as his Majesty shall judge requisite, 
and that two shillings per hogshead of tobacco be continued to be 
paid to that purpose ; but before presenting their judgment to the 
King, all planters and merchants who can give their advice are 
directed to attend. Lord Baltimore is desired to attend in reference 
to a complaint of a secret trade by the Dutch with the English 
plantations in tobacco, li pp. \C'oJ. Papers, Vol. XIV., Ko. 59, 
2>p. 46, 47.] 

Aug. 14. 346. A true and faithful narrative of the proceedings of the 
Council and Assembly of Barbadoes, in obedience to his Majesty's 
Proclamation and Lord Willoughby's letter, for aiding and peopling 
Jamaica ; and of Lord Windsor's proceedings, and carrying off" ])eople 
from the island. Arrival of Lord Windsor on 10th July, the King's 
Proclamation and his Lordship's declaration published the next day. 
His paper of demands and the Acts passed by the Assembly for 
assisting the settlement of Jamaica, but notwithstanding all the care 
taken to promote his business. Lord Windsor appointed Commis- 
sionei's of his own to receive names, who sent the persons on board 
immediately, without taking care to discover whether their names 
had been set up seven days, or whether they entered their right 
names, or were free or indebted. It is true that Lord Windsor gave 
the Provost-Marshall leave to search the ships, but there was no 
likelihood of discovering anyone, and many servants and debtors 
have gone off, to the great damage of many of the inhabitants. 
Certified cop>y by Edivard Bowden, Bep. Sec. 3i j)p. [Col. Pc(2}ers, 
Vol. XVL, No. 89.] 

Aug. 14. 347. Copy of the preceding narrative. [Col. Entry Bl,:., No. 11, 
pp. 73-75.] 

Aug. 14. 348. Adolph Wolfl'ratt, envoy of the Duke of Courland, to 
Loudon. the Duke of York. Acknowledges his Highness' favour to the 
Duke of Courland, and earnestly solicits his Majesty not only to 
restore the Duke's fort in Gambia river, but to concede free com- 
merce, so it be not to the prejudice of his Majesty's subjects. The 
Duke, at his own expense, will send forces sufficient to defend the 
fort, and will appoint a Governor of the Courland nation. Begs he 
will shortly send some minister to treat with his Majesty's delegates 
on these matters. Latin. I p. [Col. Papers, Vol. XVI., No.''^)0.'\ 

Aug. 15. 349. Adolph Wolffi-att, agent to the Duke of Courland, to the 

London. delegates of the business of Courland. Refers to his memorials to 

his Majesty for proof of the justice upon which the petition of the 

Duke of Courland is founded, but will comprise all in a few words. 



lOJi COLONIAL PAPERS. 

16G2. 

The Dnke acquired his islands in Gambia by purchase, occupied 
and at immense expense " extructed " forts upon them, and peacefully 
possessed them for more than 10 years, when they were taken, he 
knows not on what pretence, by English ships. As to the pretences 
of Flemish or any other nation it sufhces that Letters Patent have 
been communicated to their Honours, in which the States General 
confess they can pretend nothing de facto or de jure. Is it that the 
Prince at some time or other has neglected to rise at the nod of his 
Majesty, or that with his little ships he has hindered the course 
of the mighty English ships, for which he must pay as a penalty 
islands and forts, bought and " extructed " at such cost ? The 
Prince knows not how to deceive, and would rather suffer an injury 
without imitating it. In a word, two things are sought by his 
Highness, restitution of his forts, with freedom of commerce, and 
royal grace and favour- ; the first the envoy has demonstrated more 
clearly than the sun himself, the other he leaves to be revealed by 
them. Latin. 1 j^- [Col. Pcqiers, Vol. XVI., No. 91.] 

Aug. 17. 350. The King to the High Sheriff or Undersheriff of the county 
of Norfolk. Being informed by Mr. Ju.stice Twisdcn that he has 
reprieved eight persons condemned at the late assizes at Norwich 
until the 23rd inst., his Majesty's pleasure is that the law pass on all 
who are condemned for burglary, and that the rest be transported to 
Jamaica, if any one will give security that they shall be transported 
thither and not return any more. | «. [Donl. Entry Bh., Clms II., 
Vol. Ill, p. 79.] 

[Aug. 17.] 351. Petition of Lieut.-C'ol. Eobert Sanford to the King. Divers 
of his Majesty's subjects being settled in the river Surinam, estab- 
lished a peculiar kind of Government, subject to the laws of England, 
elective in the people, who yearly were to appoint all members 
thereof One Byam having gotten possession by such election, con- 
tinueth himself beyond the time limited, and for so doing pretendeth 
to have his Majesty's proclamation, but never showeth it. The 
generality, thus robbed of their privileges, begin to mutter, and 
othei's better spirited oj^enly deny his power ; one of whom is kept 
prisoner in irons, and others are tried by a kind of military power, 
where they are fined and banished, of which petitioner is one. 
Craves that his Majesty's Royal commands may bring the wrong- 
doers to impartial justice, and bless petitioner with a fruition of 
those laws made for preservation of the interests of his Majesty's 
subjects. With reference to the Lords of the Privy Council to give 
such order for petitioner's reparation as shall seem meet. Hampton 
Court, 1G62, Aug. 17. 1 jx [Col. Papers, Vol. XVI., Xo. 92.] 

Aug. IS. 352. Petition of divers masters of ships trading to Virginia to 
the Lords of the Privy Council. Complain of being compelled to 
give bond of 2,000?. to pay 2.'?. sterling for every hogshead of tobacco 
laden aboard their ships, besides 12(7. in money for every ton of 
goods for a castle duty, though there is not any there or other 
defence for their ships. Pray to be freed from giving such bond, 
and that they may as formerly deliver half a pound of powder and 



AMERICA AND WEST INDIES. 105 



three pounds of lead towards the defence of the plantation instead 

of castle duty, " exhife. xviii. Augusti l(j(i2." 1^-. [('<j(. Papers, 

Vol. XVI., Ko. 93.] 

Auo- IS. 353. Minutes of the Council of Foreign Plantations. Petition.? 

Inner Court of of Sir Wm. Berkeley and of divers masters of ships trading to 

Wards. Virginia referred for further consideration. Lord Baltimore desired 

to attend on '2oth inst. on matters relating to Virginia and Maryland. 

i p. [Col. PajKrs, Col. XIV., No. 59, p. 48.] 

Auo- 18 354. John Paige, Will. Bate, Geo. Walrond, and John Jennings, 

liarbadoes! ju.stices of the peace, to Sec. Necols [Nicholas ?]. His hard travels, 

great sufferings, and willing exile in adhermg to his Prince, bespeaks 

a countenance kind enough to serve a good cause and a loyal 

subject. Enclose a nairation of the proceedings in the committal of 

Captain Whiting, of the Diamond, with request that opportunely 

he will execute that part of justice in laying it before his Majesty, 

which Solomon did concerning the child, juste just it iun agere, and 

with all expedition, because Capt. Whiting (promoted and instigated 

by an old faction here) attempts to render their action therein, 

" though never so truly in the line of justice and the law in the 

sense of an axiom of disloyalty." Inclose, 

ooi. I. A true narrative or report of the grounds and commitment 

of Capt. Richard Whitinge, belonging to his Majesty's 

ship Diamond, and three or more of his seamen, and of 

their several misdemeanors committed the 20th and 21st 

of November ICfil, cxlribited and subscribed by us, his 

Majesty's justices of the peace, for our vindication from the 

false clamours of the said Capt. Whitinge, and the assert- 

ino- our own innocency in the execution of justice in that 

transaction, uuto Thomas Lord Windsor, of Wiirdsor, and 

Governor of Jamaica, in pursuance of and in obedience to 

an order of his Majesty and the Privy Council, Whitehall, 

11th April 1662. 

o5i. II. Depositions of John Coder, cou.stable, Thomas Moore, 

John Robinson, Col. Theodore Carye, commander of the 

ship Frederick, Jetirey Pont, Edward Anthony, and 

Lawrence Hannaton, in reference to the above. November 

and December 1661. 

Soi. III. Deposition of John Yaxley before Hum. Walrond, 

President of Barbadoes. Returning from Carlisle Bay to 

St. Michael's, on November oth last, after commemorating 

the Gunpowder Treason by pistol firing, he was on a 

sudden assaulted and deprived of his pistol, tripped up, 

kicked, and hauled into a boat, which was then rowed 

away to the Diamond frigate, where he was kept in the 

bilboes all that night with one Mr. Hunt. About 9 or 10 

o'clock next morning he and Hunt were released. Some 

of the Diamond's men assaulted him and took away his 

pistol, and the Captain kicked him in the lioat. Barbadoes, 

December 31, 1661. Together 19^ pp. [Col. Pcqx-rs, 

FoLZF/.,i\m 94-96.] 



106 COLONIAL PAPERS. 



16G2. 

Aug. 20. 355. Minutes of the Council of Jamaica. Present, Governor Lord 
St. Jago Wind.sor ; Sir Charles Lyttelton, Cols. Wm. Michel], Sam. Bany, and 
te-a- ega. j>dch. AVilliraham, Lt.-Col. Henry Ai-chibold, Maj. John Coape, and 
Sec. Rich. Povey. Resolved that the letters from the Governoi-s of 
Porto Rico and San Domingo are an absolute denial of trade, and 
that according to his Majesty's instructions to Lord Windsor, a trade 
by force or otherwise be endeavoured. 1 _/). [Cul Entry Bk, No. 37, 
fol. 17.] 

Aug. 21. 356. Humphrey Walrond to Sir Edward Nicholas. Sends an 
account of Barbadoes to the King, and hopes his Majesty will take 
note of their loyalty, not heeding the falsehoods circulated by certain 
desperate characters. Encloses 10 papers concerning the arrival, 
stay, and departure of Lord Windsor ; containing also evidence of 
theii' desii-e to serve his Majestj^'s interest for Jamaica, and setting 
forth " some prejudice done to them in that expedition." Recpiests 
him to lay the papers before the King wdthout delay. Indorsed, 
" Rec. Sth Nov." [see ante, Xo. 335.] 1 p. [Cut. Papers, Vol. XVI., 
Ko. 97.] 

Aug. 25. 357. Minutes of the Coimcd for Foreign Plantations. Report 
Inner Court of to his Majesty on petition of masters of ships trading to Vii-ginia 
'*'■ [see ante, Ko. 352], as to the customs they have to pay for 
tobacco laden aboard their ships, including a castle duty, which 
used to be half a poimd of powder, and three pounds of lead for 
bidleting, towards the defence of the plantation. Consideration of 
a secret trade with the Dutch for tobacco of the growth of the 
English plantations, to the defi-auding of his Majesty's Customs. 
Lord Baltimore promises to write to his deputy in Maryland to 
seize all such tolDacco. Messrs. Pjon and Povey to draw up some 
heads of remedies for said abuses. 1 p. Part printed in Neio 
Yorh Documents, III, 44. [Col. Papers, Vol. XIV., Xo. 59, ^j. 49.] 

[Aug. 26.] 358. Petition of Sii- William Berkeley, Governor of Virginia, 
Sir Henry Chicheley, Edward Digges, Richard Lee, and others, 
planters and inhabitants in Virgiaia and Maryland, to the King. 
Set forth that through the excessive planting of tobacco the price 
has fallen so low that it will not bear the charges of freight and 
custom, and pray that his Majesty's injunctions be given to the 
sherifls of this Kingdom (of England) to put the Act against plant- 
ing tobacco in full execution, and that the Governors of Vii-ginia 
and Maryland have command not to permit any ship to depart 
from thence next year until after 1 May next. Signed by the first 
three 2^etitioners. hidorsed, "Received Aug. 26. Read in Coimcil 
Aug. 28." 1 p. [Col. Pap)ers, Vol. XVI., No. 98.] 

Aug. 27. 359. Warrant to (the Attorney-General). To prepare a bill con- 
taining a lease to pass the Great Seal to Francis Lord Willoughby 
of Parham, and his assigns, for 7 years from Christmas Day next, 
of all his Majesty's islands, colonies, and plantations, known by the 
name of the Caribbee Islands and others, between 1° and 20° N. Lat. 
from the island of St. John de Porto Rico to 324° easterly, rendering 
to his Majesty, his heirs and successors, one moiety of all fines, 



AMERICA AND WEST INDIES. 107 



1062. 

ciLstoms, rents, dues, &c. raised out of the same, the other moiety to 
be kept by the said Lord Willoughby and his assioiis for his or 
their own benefit 1^ j^- [Dom. Entry BL, Cha^.^lL, Vol VII., 
pp. 20.5, 206.] 

Sept 1. 360. Clement de Pleneville to M. Le ChevaHer Moray [? Sec. 

Jamaica. Morrice], at the Court at Withale. Is unwilling to defer giving an 
account of all that has passed since his departure from London. 
Weighed anchor at Plymouth, stopped at Barbadoes but two hours, 
and on the evening of his arrival [at Jamaica] was commanded by 
Lord "Windsor to embark for Porto Rico. Took occasion to speak 
with some officers and soldiers on board, and has given an attesta- 
tion of the conversation to Lord Windsor. Has had no relaxation 
since his return from Porto Rico, being daily employed in diawing 
plans of the isle and town of Porto Rico, with a description of the 
island, forts, cannons, coasts, &c., which he has given to Lord 
Windsor for his Majesty. Has been at San Domingo, where he saw 
what he could of the town, fort, and coasts, and will draw a plan of 
it at leisure ; but that of Porto Rico is a great work, there being- 
four different forts. As he wi-ote his Majesty, he left 2,-500 men in 
San Domingo, but there are no more than 1,-500, and the half of 
them monks and churchmen. Lacks some one to whom he may 
consign his letters. Is in hopes of returning shortly to Hispaniola, 
to make trial of the Hispaniols, who have iU-treated the Maroons 
{puirons] of San Domingo: aflairs are in such a state that in 
\ hour's conversation he could demonstrate the execution of the 
memorials he presented to liis Majesty. Lacks some servants and 
a brigantine capable of carrying 50 men ; but if his Majesty wiU 
send the ship, and Sec. Morrice and M. Le Febvre will embark some 
servants upon it, wiU strike three blows with one arrow, and serve 
his Majesty, Sec. Morrice, and himself The scourging the moun- 
taineers (?) of San Domingo have had, makes them stretch out their 
arms towards his Majesty : cannot say more, for they play tricks in 
this coimtry, and fears his letters might be seen. Begs his Majesty 
to recommend him to Lord Windsor, or Sir Chas. Lyttelton, who 
has been aU his support. Will not write again till he hears from 
See. Morrice, nor will he put anythmg in the ships for his Majesty's 
satisfaction, till Sec. Morrice has found means to receive them in 
safety ; for without his Majesty's signature nothing can be done, 
and had it not been for Lyttelton, should have feared for the pas- 
sage of his men, though his Majesty had so ordered. French. 3 pp. 
\Col. Papers, Vol. XVI., No. 99.] 

Sept. ? 361. Abstract of memorial of Clement de Pleneville to the Kino-. 
That his Majesty name some person with whom he may communicate 
in cypher. That the mountaineers \_montaires] of Hispaniola are 
ill-treated and hold out their arms to a protector, and there are but 
1,-500 men in San Domingo, half of whom are monks and churchmen, 
instead of 2,-500. Needs some men, and a brigantine to carry -50 to 
80 men, for his Majesty's service. Desii-es to be recommended to 
the Governor of Jamaica, and above all to Sir Chas. Lyttelton ; and 
to have a commission for lading any rarities he may procm-e for his 



108 COLONIAL PAPERS. 

1662. 

Majesty's satisfaction. French. 1 p. This is contained in Ms pi^e- 
ccding letter to Sec. Morrice. [Col. Papers, Vol. XVI., No. 100.] 

Sept. ? 362. Petition of Robert Sanford to the King. Whereas petitioner 

has complained to his Majesty of divers great wrongs and injustices 
acted towards himself and others, by certain pretenders to power in 
the colony of Surinam, and same are referred to the Privy Council ; 
pi-ays that a day may be appointed for petitioner to appear before 
his Majesty and Council, to declare his case, and receive according 
to the merits thereof. 1 p. {Col. Papers, Vol. XVI., No. 101.] 

[Sept. 3.] 363. Petition of Lieut.-Col. Robert Sanford to the Lords of his 
Majesty's Privy Council. The case of the proscripts from Surinam 
briefly stated. The colony, neglected by those who had usurped 
our sovereignty, was constrained to unite in constituting a Govern- 
ment. Elected delegates decreed that yearly the respective divisions 
should depute representatives, in whose joint bulk the dominion 
should remain, with subjection to the supreme power of England, 
and that one, by nomination of the rest, should be their head. Byam 
was first chosen, and for three successive years continued according 
to this Constitution, in which time he made himself a faction that 
overruli/d tlh' less miiuerous party, and decreed their own continuance 
in the GovurniiuMit. Cumplaints against Byam for exacting a heavy 
imposition upon the people and calling the colony into arms, causing 
tumult and civil war about the taking jjrize a Dutch shalop ; only 
his word that they should have a legal trial for her, and seizing all 
that had disputed his authority, many asleep in theii' beds, keepmg 
them prisoners, and bringing them to trial by court-martial, or rather 
a High Coui't of Justice like that of Bradshaw's. The prisoners 
who pleaded not guilty, without being heard, were hurried away, 
first into irons, and then into exile, and a heavy load of fines was 
added ; of all which penalties petitioner also became a patient, for 
only labouring to avert so tyrannical a prosecution. This is the 
substance of their suflerings, many parts of which will appear from 
such \^dtnesses as are here, and the whole may be proved by the 
confessions in Byam's o^^^l declaration. Beseeches their Lordships 
" to perpend " how insecure their future life must be under an 
irritati.'il antlidi ity, and not to remit them thither for .satisfaction, 
but Cdiidiiiiii tliiise lawless rulers to be commanded home, here to 
make a defoiici' of their actions. Indorsed, Petition of Lieut.-Col. 
Robert Sandford to the Privy Council, with a petition and reference 
from his Majesty to the Board and remonstrance of the petitioner 
[see ante, JS^'os. 351, 362]. Received 3rd Sept. 1662. Read in 
Council 12th Sept. 1662. Ordered. 24 pp. [Col. Papers, Vol. 
XVI., No. 102.] 

Sept. 5-30. 364. Minutes of the Council of Jamaica. Resolved that the 

Point Cagway, island of Tortodoes be reduced under the English Government, and 

amaica. ^t^^^^ ^^^,^ ^^, j^^^^.g ^^ ^j^g Council report what is requisite for settling 

the possession of it and the better security of Jamaica. Sir Chas. 

Lyttelton, sworn Keeper of the Great Seal ; Will. Michell, Judge 

of the Administration of Law, the Admiralty, and Probate ; and 



AMERICA AND WEST INDIES. 109 



1662. 

Colls. Wilbraham and Barry, Justices. Mr. Freeman ordered to 
bring in his books of transactions in General Bryan's time. All 
persons who have claims to lands or houses on Point Cagway to 
send theua in to Sir Chas. Lyttelton or Sec. Povey within 10 days, 
so they may receive their grants according to his Majesty's instruc- 
tions. 

Sept. 12. — Resolved, that men be enlisted for a design by sea 
with the Centurion and other vessels, provided they be not servants 
or persons who sell or desert their plantations for the purpose ; that 
Capt. Joye receive iOl. from Sec. Povey for buying 20 horses, to 
form a troop for his Excellency's guard, each man to be paid 2s. per 
diem ; that the inhabitants on Point Cagway ajjijoint a nightly 
watch of eight or ten under Lieut. Edgoose ; that the held officers 
appoint their inferior officers until they be commissioned ; and that 
Constantine Lyttelton receive a commission as justice of the peace. 

Sept. 19-20. — Capt. Constan. Lyttleton sworn of the Council. 
Concerning the rights of Capts. Craw and Haywood and other 
officers and soldiers to the donative money sent Ijy the Kino- for 
distribution to the army, to be referred to the Council on their 
return from the present design by sea. Instructions drawn uji for 
Cajit. Ming. 

Sept. 27. — John Standly of Ligonia, prisoner, ordered to serve 
seven years at St. Christopher's, and to sutler deatli if he return 
without license. 

Sept. 30. — Warrant to Sec. Povey to (baw up an Act for receivincr 
and settling the people called Quakers ; the fees to the Seal to be 
6d. per acre, and to the surveyor 4(7. per acre. A yearly rent of 
Id. per acre on all plantations allowed to the Kinq-. Two of the 
Council to report on the rates of commodities. 4 p7) \Col Entry 
M-.,i\"o. 37, fv>. 17-19.] II L ■ J 

1662 ? 365. Petition of owners of ships and merchants, traders to Vir- 

Scpt. 6. ginia and Maryland, to the King and Privy Council. Against the 
petition for prohibiting ships leaving Virginia until Ist'^May next 
{see ante,No.ZQ\\ and praying that all ships may return from 
thence according to the usual manner. Signed 6^ "Robert Vaulx 
and 42 others. Indorsed, " Read 6 Sept." Annexed, 

Reasons offered for the foregoing petition. 'Toafther 2 nn 
[Col. Papers, Vol XVI., A^os. 103, 104.] ^^' 

Sept. ? 366. Reasons against an intended petition for prohibiting ships 

coming from Virginia or Maryland until May. The merchants of 
Bristol and other English ports and the merchants and planters 
inhabiting in A^irginia and Maryland ought to be heard before any 
order is made in it. 1 2'. [C"?. Papers, Vol. XVI., No. 10.5.] 
1662. 367. J. Fontinoy? jun., to Richard Talbott of [Brido-etown ?] 

Septs. Barbadoes. Family news. Sudden death of Samuel "^ Tucker 
rs!lmefseTl ^^l^'^*^'^'^^' ^^"^ ^^^ gi^^ ^ny good encouragement to come to Bar- 
badoes, as he and other nonconformists may soon be forced by 
prelatical persecution to leave England. Comforts himself with the 
reflection that he does not " partake with the Beast in his mark or 



no 



COLONIAL PAPERS. 



1662. 



Sept. 12. 
Whitehall. 



Sopt. 12. 
Whitehall. 



Sept. 25. 
Whitehall. 



name." Indorsed, "A Quaker's letter to one Talbot, a merchant 
upon the Bridge." 1 |j. [Col. Papers, Vol. XVI., No. 106.] 

368. Instructions for Sir William Berkeley, Governor of Virginia' 
To take especial care that Almighty God be devoutly and duly 
served throughout the Government, the Book of Common Prayer 
as now established read, and the Sacrament administered according 
to the rites of the Chm-ch of England. The churches akeady built 
to be orderly kept and more built, also houses for the ministers, each 
of whom is to have 100 acres of land assigned to him for a glebe. 
Within one month after his arrival to call a General Assembly and 
publish his Majesty's free pardon and oblivion to all not attainted of 
" the horrid murder of our dear father." All Acts passed during the 
late rebellion "to be rejoealed. Laws for the suppression of vice, 
debauchery, and idleness to be passed. The planters to be encou- 
raged to build towns upon every river ; " they camiot have a better 
example than froni then- neighbours of New England, who have in 
few years raised that colony to breed wealth, reputation, and secu- 
rity;" one town at least to be built upon every river. Staple 
commodities of silk, flax, hemp, pitch, potashes, &c. to receive every 
encouragement. To appoint commissioners to treat with those of 
Maryland to restrain the planting of tobacco. 1,000/. jjer ann. to 
be paid to the Governor out of the 2s. per hogshead. To have 
the Act concerning navigation strictly respected. Quit rents to be 
carefully and justly levied. To transmit to England his opinion 
and advice upon the erection of an iron work which the King- 
wishes to undertake himself To send yearly accoimts of the state 
of the colony to the Council of Plantations. A commission of oyer 
and terminer having been granted, the impartial administration of 
justice is earnestly recommended. Persons learned in the law for 
the performance of that service will be sent over if found requisite. 
12 fp. \Col. Entry Bk, Vol. LXXIX., pp. 265-276. Copies of 
the preceding instructions are also entered in Col. Entry Bks., No. 80, 
_2.yx 99-107, and No. 92, 2il>' 263-272 ; and in Dom. Entry Blc, 
Vol. IV., pp. 67-72.] 

369. Warrant for Sir Wm. Berkeley to have a ship of tobacco 
of 300 tons customs free, when die shall send or bring over a ship 
of the same burthen laden with silk, hemp, flax, pitch, and pot-ashes, 
the produce or growth of the colony of Virginia. 1 p. [Dom. Entry 
Bh, Vol. VII., pp. 237, 238.] 

370. Order of the Committee for Plantations. The settlement 
of plantations in New England being seriously debated, the Lord 
Chancellor declared that the Kmg would speedily send commis- 
sioners to settle the respective interests of the several colonies ; the 
Duke of York to consider the choice of fit men ; a patent of corpo- 
ration to be gTanted to Rhode Island ; the instructions for Lord 
Willoughby of Parham, Captain-General of Barbadoes, corrected and 
approved, and the Attorney-General ordered to see the same, and 
also prepare form of a grant for Lord Willoughby to settle and 
grant lands in the said plantations. 1 p. [Col. Entry Bk., No. 60, 
■pp. 9, 10.] 



AMERICA AND WEST INDIES. Ill 



1G62. 

Sept.? 371. Warrant for Richard Miller, prisoner in Newgate, pardoned 

upon condition of transportation, to be transported upon his own 
humble suit to Jamaica. [Dom., Chas. II., Vol. LX., A^o. 47, Cal, 
p. 502.] 

1662 ? 372. Petition of Capt. Thos. Trafford to the King. That Will. 

Sayle, a severe separatist had surreptitiously possessed himself of 
the Government of the Bermudas, and exercised cruel tyrannies 
over the inhabitants, for which he was by the then Committee for 
Foreign Plantations adjudged fit for banishment; but by the 
exorbitant power of Desloorow and Jones, two persons proscribed by 
Parliament, who were sent thither, Sayle was settled in that 
Government. Prays to be sent over to take the Government, which 
he presumes to undertake, " because he has spent so much time in 
travel." Ccqyf. Florentia Seymour ivas appointed to succeed Wm. 
Sayle as Governor, Septemher 1662, see Gen. Lefroy's Memorials of 
the Bermudas, II., 185. 1 p. , [Col. Fapers, Vol. XVI., No. 107.] ' 

Oct. 7. 373. Richard Lee to [Sec. Nicholas ?]. Begs he will excuse his 

attendance until Wednesday, when he hopes to have received 
certain copies in the business of Vii-ginia. There can be no olijec- 
tion to the letter he solicits from the King, he has seen several 
from his late Majesty, and one from his present Majesty. Will for 
this last request present him with 10 pieces to luiy a little toy, and 
any rarities of that poor country he may command. 1 p. \Col. 
Papers, Vol. XVI., No. 108.] 
Oct. 10. 374. Proclamations of Governor Lord Windsor, (1.) All persons 

Point Cagua, professing the faith of our Lord Jesus Clirist, though difl"ering in 

amaica. j-eligious worship, shall enjoy all the liberties and privileges of other 

inhabitants, provided they observe the civil laws and customs. And 

Quakers shall not be forced to serve personally in arms, provided 

they contribute for the same. 

(2.) Im]50sing penalties for receiving or concealing any slave or 
servant without leave of absence from his master, and that every 
planter give in an account of servants received since 1st August last 
to a justice of the j^eace, who is to report same to the Council. 

(3.) Regulating the money value of sugar, cocoa, and tobacco. 
On account of the scarcity of money, and in accordance with the 
practice of Barbadoes and other Plantations, sugar shall pass current 
at 2,d. per lb., cocoa at M., and tobacco at 3cL ; Peter Coveney and 
John Walker to decide all disputes as to quality. And whoever 
refuses these commodities shall suffer the penalties of 5?., 2QI., and a 
year's imprisonment for the first, second, and third ofiences. 8 pp. 
[Co/. Entry Bks., No. 34., pp. 53-60, and No. 37, pi^. 24, 25.] 

Oct. 10-28. 375. Minutes of the Council of Jamaica. Ordered that the 
I'omt Cagua. Proclamation for encouragement of those difiering in matters of 
religion do pass. Capt. Burrough and Messrs. Dallyson, Bispham, 
and Povey, to give in their accounts of the public stores in hand and 
how disposed of by them. Field officers to inquire as to the 
disposal of arms and stores A rent of ^d. per square foot to be 
reserved to the King in all grants of land on Point Cagua. 



112 COLONIAL PAPERS. 

1G62. 

Oct. 24. — Capts. Tho.s. Fuller and Christopher Ming.s sworn of the 
Council. The Spanish prisoners to be sent for Spain by way of 
England the first opportunity. John Standly and John Golding to 
lie pardoned from the suspicion of mutiny. Lord Windsor's permis- 
sion from the King to depart to England read. 

Oct. 28. — Sir Chas. Lyttelton's commission as Deputy-Governor 
read. Jas. Jordan to bring in his accomrt and show cause why he did 
not prosecute the seizure of Edward Pinhorne's Madeira wines. 
Capt. Ivey's guai'd of horse to be dismissed, and the men paid 2s., 
and the captain 10s. per day, for 30 days. AJso the guards at Point 
Cagway and St. Jago to be paid and dismissed. A constable to 
watch in all the precincts, and nightly at Point Cagway. Lieut. 
Edgoose to bring in his power for the Avater-bailiff's place. 1 h pp- 
[Col Entry Bk, No. 37, 2>P- 19, 20.] 

Oct. 14. 376. Warrant to the Attorney- General. To prepare a bill to 

Whitehall, pass the Great Seal erecting an office to be called the Office of 
Receiver-General of the Rents, Revenues, and Profits payable in or 
from any of his Majesty's Foreign Dominions, Islands, Colonies, and 
Plantations in Africa and America, with the yearly salary of 400^. 
jiayable out of said revenues, and containing a grant of said office 
to Thomas Rosse and Thomas Chiffinch, Esq., jointly for their lives, 
and the longer liver, to be performed by them or their lawful 
deputy. 1| 2^^- [-Do?)i. Entrij Bk., Chas. II., Vol. VIII, pp. 42, 43.] 
The Patent is dated 9 Ajyril 1663, see No. 435. 

Oct. 16. 377. Warrant to the Sheriffs of London to deliver to Captains 

Whitehall. Foster and Longman certain prisoners according to the annexed list 
{av nthiij, see names, Idth Dec., No. 394), for transportation to Virginia, 
and to take sufficient security from said captains that none of them 
return into England for twelve years. 1 p. [Col. Papers, Vol. 
X VI., No. 109.] 

Oct. 18. 378. Warrant to the Sherifis of London to transport into some 

Whitehall. of his Majesty's Foreign Plantations all such persons as by his 

Majesty's charter of pardon of 10th Oct. inst. are ordered to be 

transported. ^ j3. [Dom. Entry Bk., Chas. II., Vol. IX.. 2>- 2.] A 

duplicate of the above is dated 20th Oct., Ibid., p. 3. 

C)ct. 20. 379. The condition of Jamaica at Governor Lord Windsor's de- 

parture on 20th Oct. 1662. His Excellency carried over a donative 
from his Majesty of goods of all sorts, which were distributed 
among the commanders, officers, and soldiers, and encouragement to 
planters and those who desired the settlement of the island. He 
also carried over good .store of ammunition, and care was taken to 
fill Fort Charles, but prevented by sickness, he left Sir Charles 
Lyttelton to eff"ect the same. Lord Windsor settled all proceedings 
of law and erected an Admiralty Court. He disbanded the late 
army and modelled them into military discipline under the com- 
mand of the soberest men that could be found. He prescribed a 
course under the seal of Jamaica for conferring plantations, houses, 
and land, and settled fees. He called in all commissions for 
privateers, and endeavoured to reduce them to certain orderly rules. 



AMERICA AND WEST INDIES. 113 



1662. 



cvivincr them commissions to take Spaniards and l.nng them to 
Jamaica. He left at his departure Sir Charles Lyttelton governor, 
a fit and worthy person, to the great content of the inhabitants. I* 
pp. [Col Entry Bk., I^'o. 92, 2^F- 258, 2.59.] 
Oct 30 380. Privy Seal for Letters Patent to be prepared under the 

We.tminstc-r. Great Seal granting to Francis Lord Willoughby oi Parham the 
moiety of the revenue of the Caribbee Islands for stAen years [see 
Xo. 387]. 12 pp. [Col. Papers, Vol XVL, Ko. 110.] 
Oct. 30. 381. Entry of the preceding, with marginal abstracts. (i jip. 

Wcstminsler. [Col. Eiitri) M:, Vol. V., pp. 2.5-30.] 

Oct. ? 382. The King to Sees. Morrice and Bennet. Having (•xt.-ndrd 

grace and mercy to many prisoners in England and Wal.s condition- 
ally on their being transported to the plantations and not ivturning 
again to this kingdom, the charge of transporting them is committed 
to certain persons [not named], and all warrants are to be addressed 
to them for a certain term of years, or until they shall have trans- 
ported a certain number of persons. [Dom., Cha». II., Vol. IX I, 
No. 146, Cal, p. 536.] 
Nov. 8. 383. Affidavit of William Crowford of Wapping, commander of the 
ship Charles, belonging to the Royal [African] Company. On 28th 
Oct. the James and Charles frigates came to anchor at Comendo on 
the Coast of Guinea, where a Holland man-of-war, the Golden Lyon, 
would not suffer any negroes to trade ; she had two sloops and three 
men-of-war canoes, and a little to the westward lay two great Hol- 
land men-of-war more. Capt. Merritt and Mr. Bartlett went to the 
mine to demand of the Governor wherefore he would not sufler 
them to trade ; his answer was his masters had ordered him. At 
that time the Hollanders had no fort or factory at Comendo. On 
30th Oct. the Charles set sail for the mine, and 5th Nov. both 
sailed for Cape Corso, and the Golden Lyon anchored between them. 
The Vice-Admiral Christiana was riding there. On 6th Nov. they 
sent their skiff to buy slaves, but the Hollanders seized and detained 
.said .skiff, goods, and men. Sailed to Cormantin, leaving Capt. 
Merritt at Cape Corse, and on 7th at Cormantua Castle, drew up a 
protest against the Governor of the mine, the captain of the Golden 
Lyon, and all the Dutch West India Company, to which they had 
Agent Puliston's hand, also several merchants of Cormantin Castle. 
8th. Nov., said protest was delivered aboard the Admiral, by Abraham 
Holdbech and John Lumbly, mates of the James and Charles. After 
which the prisoners were forced into the skiff and towed near Capt. 
Merritt's ship, and there left with a threat that if they offered to go 
ashore, the Governor of the mine had wr-itten they should be sent 
thither prisoners. Ik pp. [Col. Papers, Vol. XVI., Xo. 111.] 
Nov. S-19. 384. Minutes of the Council of Jamaica. Resolved that for the 
Point C.igua. next four months the militia be exercised every month or oftener, 
and shall pav fines for non-appearance or not fixing their arms. 
Debts due to" the King for goods sold out of the public stores to he 
brought in, also Jordan the' Treasurer's account. An additional act 
to be framed concerning the rates of liquors, &c. 

M 60.5. H 



114 COLONIAL PAPERS. 

3 662. 

Proclamation of Deputy -Governor Sir Charles Lyttelton, in 
accordance with the above resolution concerning the militia. 

Nov. 9. — Another proclamation recommending the inhabitants of 
Point Cagua, for the advantage and credit of the town, to carry on 
the work of hardening and levelling the streets, by the assistance of 
Jolm IMan, Esq., Surveyor-General. 

Nov. 10. — An Act for the encouragement of planting. 

Proclamation against the great quantities of jerked hog lirought 
into Cagua harbour to supply the wants of the inhabitants. 

An Act for the sale of five copper gims taken at St. Jago do 
Cuba. 7 i:>p. [Col. Eniry Bis., No. M, pp. 01-66, 74-75, and No. 
'SI, 2yp. 20, 25-27.] 

Nov. ? 385. Report of the Judge of the Admiralty to the King con- 

corning the John of Duljlin. Upon petition of Wm. Eapier, brother 
to John Rayner, Deputy-Governor of " Abyland " (Avalon), in 
Newfoundland, setting forth that a Dutch ship which had taken in 
fish ^vithout showing any certificate was seized and brought to 
England. Forbears any further proceedings imtil the King's 
further orders. Indorsed, "Read m Council 14th Nov. 1662." 
2hpp. [Col Papers, Vol. XVI., No. 112.] 

Nov. 12. 386. Petition of John Rayner, Deputy-Governor imder Lord 
Baltimore in Newfoundland, to the King. In July last petitioner 
seized a Dutch built ship, pretended to be called the John of 
Topsham, for trading contrary to the late Act of Parliament, which 
ship was sent to England to be proceeded against, but putting into 
Dartmouth, was arrested in the name of John Borr, of Dublin. 
Understands that the Judge of the Admiralty has made a report 
thereon. Prays that his Majesty will hear his counsel in that court 
before any order is made upon said report. Indorsed, "Read in 
Council 12th Nov. 1662." 1 p. [Col. Papers, Vol. XVL, No. 113.] 

Nov. IS. 387. Letters Patent granting to Francis Lord WiUoughby the 
Westminster, moiety of the revenue of the Caribbee Islands for seven years. His 
Majesty grants to said Francis Lord WiUoughby aU the Caribbee 
Islands, viz., St. Christopher's als St. Aristovall, Granado als 
Granada, St. Vincent, St. Lucy als St. Lucre, Barbidas als Barba- 
does ats Barbudos, Mittalania als Martenico, Dominico, Margalanta 
als Marigallanta als Marigante, Desseada, Todo Fantes ats Todo 
Santes, Guardalupe, Antigoa ats St. Antigoa, Montserat, Redendo, 
Barbido ats Barbada, Me\ds, St. Bartholomew's ats St. Bartholo- 
meo, St. Martin's ats St. Martin, Angilla ats AngviUa, Sembrera 
ats Semljroa ats Essembrera, Enegada ats Enegeda, and Estatia, 
and all other islands deemed part of the Caribbee Islands, lying 
between 10° and 20° N. lat., and extending from St. John de Porto 
Rico easterly to 327° degrees ; with all forts, harbom-s, rivers, lakes, 
lands, woods, jirofits, customs, duties, rents reserved, fi.shings, royalties, 
mines, advowsons, liberties, privileges, and commodities whatsoever 
within the limits thereof to his Majesty belonging ; except such 



AMERICA AND WEST INDIES. 115 



1662. 

parts as have been granted to or occupied by any planter or person, 
M-liich nevertheless shall be liable for all arrears of rents not dis- 
cliaro-cd by the late Act of general pardon and oblivion, and for all 
suchduties imposed in common with the residue of the islands ; 
except the office of High Admnal of said islands, with the jm-isdic- 
tions, liberties, and profits thereto Ijelonging. To hold the same to 
the said Francis Lord Willoughby and his assigns from Christmas 
next ensuing for the term of seven years. And the said Francis 
Lord Willoughby, for liimself, his executors and assigns, covenants 
yearly to pay to his Majesty, his heirs and successors, the moiety of 
aU profits received during said term out of said islands, to be de- 
livered to such persons as his Majesty shall appoint ; and to give 
once a year at least a true and perfect account upon oath to the 
High Treasurer of England or Commissioners of the Treasury of all 
such profits. With power to said Francis Lord Willoughby, his 
executors and assigns, their deputies or agents, to retain the other 
moiety of said profits dm-ing said term ; also to collect, receive, and 
recover by all lawful ways all said profits and the arrears, and to 
enjoy the same without rendering any account to his Majesty. 2| 
mevibs. [Pat. Boll, 14 Chas. II., fart 20, No. 9.] 

Nov. 10. 388. Minutes of the Council of Jamaica. The offers of the Grand 
Toint Cagiui. Jury read, and particidars to be drawn up for a market. The Act 
for the seal of tobacco referred for amendment to Col. Barry and 
Lt.-Col. Archboidd. Col. Smyth to bring in his order for hunting 
cattle. Peter Pugh appointed Deputy Commissary and Steward- 
General, upon Sec. Povey's motion. The five copper guns taken at 
St. J ago on Cuba to be sold towards the building of the fort at 
Point Cagua. Commissioners to be appointed to inquire into the 
irregular and unjust dividends made to the late soldiers. Capt. 
Evans to receive 5s. and Capt. Gaywood 3.3. per diem out of the 
King's donative. The merchants who have petitioned to be paid for 
their commodities in the specie mentioned in their contracts. [Col. 
Entry Bk, No. 37, p. 20.] 

Dec. 2. 389. Twenty-four Acts passed at a Grand Assembly held at James 

Virginia. City, Virginia, by prorogation fi-om 23rd March to 2nd Dec. 1662 ; 
l:iut the titles only are given of those Acts against which is written 
in the margin. Repealed, Expired, Obsolete, Useless. Printed in 
Col. Entry Bks., Nos. 89, 90, 91, sea ante, N'o. 262. [Col. Entry BL, 
No. 88, 2}p- 49-53.] 

Dec. 3-16. 390. Miniites of the Council of Jamaica. The Act for the seal 

St. Jago de la of tobacco returned and disannulled. Petition of Capt. John Har- 

^'^^^' rlngton referred to Capts. Lyttelton and Fuller. Surveyors to be 

appointed and collections made by the several justices, for clearing 

and levelling the highways, which are to be mended before the end 

of the year. 

Proclamation of Deputy-Governor Lyttelton in accordance with 
the above order for the repair of highways. 

Dec. 11. — Col. Sam. Barry's instructions read and allowed. The 
trade with the Kinj;- of Spain's suljects to be prosecuted by force, 

H 2 



116 COLONIAL PAPERS. 

1GG2. 

and an attempt made to leeward, on the coasts of Cuba, Honduras, 
and the bay of Campeachy. The Provost- Marshal, on his visit to 
any ship, to signify that all persons desiring the benefit of his 
Majesty's proclamation must enter the names and mimbers of their 
families at the Secretary's office on landing. 

Proclamation of Deputy-Governor Lyttclton in accordance with 
the above order concerning persons di 'siring the benefit of the King's 
proclamation. 

Dec. 1 G. — Proclamation of the Deputy-Governor of Jamaica. Coun- 
tenancing the transportation by Capt. Rolit. Munden in the Charles 
frigate of Col. Sam. Barry and Capt. Langford to Tortugas, near 
Hispaniola, from whom Capt. Munden is to receive orders for reducing 
the same. 

An additional Act to an Act foimerly made for raising a j^ublic 
I'evenue out of all strong liquors imported into this island. [CoL 
Entry Bks., JSTo. 34, pj;. 67-73, and N'o. 37, 2>P- 20, 21, 26, 27.] 

Dec. 5. 391. The King to the Governor and Council of Virginia. Whereas 

his Majesty in the first year of his reign [18 Sept. 1649] granted to 
Henry Lord Jermyn, now Earl of St. Alban's ; Ralph Lord Hopton, 
then Baron of Stratton ; Sir John Berkeley, now Baron of Strattou ; 
Sir William Morton, Knt., and others, all that territory in America 
bounded by the rivers Tappahannacke or Eappahannacke and Qui- 
riough or Patowomecke and Thasopayocke Bay, together with the 
rivers themselves and all the islands within them, which by reason 
of the late unhappy times they could not enjoy. And whereas the 
said Earl of St. Albans, Lord Berkeley, Sir William Morton, and 
John Trethewy, assignee of said Lord Hopton and the surviving 
patentees, have lately granted tn Sii' Humphrey Hooke, Knt., John 
Fitzherbert, Esq., and Robert Vicnndgc, incrchant, said territory for 
a certain number of years. His Majesty's pleasure is, without any 
intention of withdrawing the said Plantation from under the care of 
the Governor and Council of Virginia, that they aid and assist such 
]ierson as .shall be employed by the parties intei-ested for settling the 
Plantation and receiving the rents and profits thereof, said patentees 
having merited much by their great services and suft'erings, as Avell 
for his Majesty as for his late Royal father. 2 p2\ [Dom. Enfri/ Bl:, 
Chas. II., Ko. 10, jyp. 19-21.] 

Dec. 18. 392. Minutes of the Council and Assembly of Barbadoes. List 
of the burgesses returned to the Assembly, vizt., Major Rich. Buck- 
worth, vice Capt. Christopher Carew, for Christchurch Parish ; Capt. 
Thos. Merrick and Lieut. Thos. Lake for St. Andrew's ; Capt. Jas. 
White, vice Thos. Wardall, for St. Joseph's ; Robert Breviter, vice 
Capt. Wm. Sandiford, for St. Peter's ; John Jennings, vice Capt. 
Ed. Thornburgh, for St. Michael's ; the remaining burgesses were 
re-elected, and Col. Thos. Modyford, Speaker. Heads of addi-esses to 
be presented to the King. That a declaration be made by Act of 
Parliament, touching the assurance of their titles to their lands ; 
tenure in soccage to be held of the King ; their children to be 
declared free born of all his Majesty dominions ; no tax laid without 
the consent of the freeholders ; no custom to l:ie paid on exports 



AJIERICA AND WEST INDIES. 



117 



Dec. 18. 



Dec. 19. 

Whitehall. 



Dec. 29. 

James Rivei 
Virginia. 



Dec? 



from England, Init to be as Virginia, New England, &c. ; free trade 
also with Africa, or else to be furnished with negroes Viy the Royal 
Company, at the same rate as by the merchants. Lord Willoiighliy, 
if in England, to be desired to present these and any further ad- 
di-esses. ° 2 ^yp. {Col. Entry BL, Vol. XI., pp. 7G, 77.] 

393. Order of the President and Council of Barbadoes. That 
Capt. Povey bring in his account of all fees received during his 
exercise of ' the Provost-Marshal's oflice since 4th Jan. 1061, with 
order to "the serjeant-at-arms and marshals of the courts of connnon 
pleas in Barbadoes to yield obedience to Francis Cradock as Provost- 
Marshal. 1 p. [Col. Papers, Vol. XVI., Ko. 114.] 

394. Licence to Sir Thomas Bludworth and Sir William Turner, 
sheriffs of London. Whereas divers prisoners condemned for crimes 
within clergy usually obtain pardon under limitation of being trans- 
ported into Foreign Plantations, but in the meantime remain at the 
charge of the sheriffs without any allowance. Said sherifis are 
hereby licensed to transport 20 prisoners under their custody, on 
giving security that none of them shall return within 12 years of 
their landing in said Plantations. Names of the prisoners : Rich. 
Ridewood, John Poole, Steph. Hobson, John Johnson, Rich. Trellis, 
Geo. Langford, Wm. Starkey, Abraham Drew, Hen. Howard, Wm. 
Stoakes, Thos. Smith (dias Suringfield, Nathaniel Harris, Thos. 
Langthall, Morris Jones, John Harvey alias Harris, Hen. Bailey, 
Rob. Chapman, Sam. Eles, John Smith, Margaret Parry. 2 pp. 
[Dom. Entry Bk., Chas. II., Vol. XIV, pp. 1, lo.] 

395. Captains Rich. Gouldesburgh and Rich. Hodges to the 
Navy Commissioners. Have been forced to draw three bills of 
exchange on the Commissioners, having left Jamaica with only 
three months provisions, and having met with violent storms in the 
Gulf of Alurada. Richard Ditty has accepted the bills, and has 
been very ready to serve his Majesty. {Dom., Chas. 11, Vol. LXV, 
Xos. 69, 70, Cat., p. 605.] 

396. Robert Johnston to Sec. Bennet. Particulars of several 
suspicious persons. It is against reason to think that Baker .should 
be able to discover any plots without doing wrong to persons ; he 
was a member of Cotton's Church in New England, but lost his 
credit and was banished thence for blasphemy and atheism ; he has 
since discovered himself more fully to be a blasphemer, atheist, liai-, 
and profane person. {Bom., Chas. II, Vol. LXV, Xo. 10, Cal. 
p. 594.] 

397. An account of the officers and soldiers of the militia of this 
island, raised by order of his Excellency Thomas Lord Windsor, 
Governor. Divided into five regiments ; the first consisting of 1 5 
officers and 327 men, Col. Lord Windsor, Major Povey, Captains 
Man, Fuller, and Burroughs ; the second, of 12 officers and 250 men. 
Col. Lyttelton, Captains Lyttelton, Walrond, and Ashton ; the third, 
of 24 officers and 452 men, Col. Mitchell, Major Cope, Captains Clee, 
Freeman, Guy, Collier, Evans, and Morgan ; the fourth, of 24 officers 
and 540 men. Col. Barry, Lt.-Col. Archbokl, Major Hope, Captains 



118 COLONIAL PAPERS. 

1602. 

Massie, Valett, Rivers, Cooper, and Thorne ; also Captain Johnson's 
company of 53 ; and the fifth, of 24 officers and SoG men, Lt.-Col. 
Lynch, Major Sanderson, Captains Groves, Lloyd, Freeman, Atkins, 
Englesfield, and Browne. In all 53 officers and 2,030 men. In 
Williamson's hand. 1^2^- F^'^^- Pc^'lJers, Vol. XVI., No. 115.] 
Jamaica. 393, Copy of preceding. [Col. Papers, Vol. XVI., Xo. 116.] 

[1662 ?] 399. Bermudas. " A collection of laws and orders since those 
printed aimo 1622 ; together with a rental of the public land as 
made and returned amio 1627 and 1657. Also an account of the 
glebes, how disposed ; of the time of the ministers' entertainment ; 
and of their respective settlements this present j-ear 1662." Also 
laws and orders made in 1662, 1663, 1669, 1675, and 1676. Certified 
copy by Rich. Banner. Tl pp. [Col. Papers, Vol. XVI., Xo. 117.] 
1662. 400. Acts passed in Barbadoes during the year 1662, in con- 

tinuation of those of 1661, entered ante. No. 203. No. 32. An Act 
for the better amending, repairing, and keeping clean the common 
highways and known broad paths within this island, leading to 
church and market, and for la;ying out new ways, and turning old 
ways where it shall be needful. 9 January 1661-2. No. 33. An Act 
for the encouragement of such as plant or raise provisions to sell. 
13 March 1661-2. No. 34. An Act concerning ships. No. 35. 
An additional Act to the Act of Highways. 12 June 1662. [Col. 
Entry Bk., Xo. 15, p2}. 45-55.] 

1662 ? 401. Warrant to prepare a liill for his Majestj^'s signature autho- 

rising the Treasurer of the Exchequer to pay the sum of 5001. yearly 
to Thomas Povey, to be by him transmitted and equally distributed 
to five ministers serving in Jamaica, or to four ministers and a school- 
master, as shall seem fit to the Governor, said sum to be paid half- 
yearly, commencing from the Feast of the Annunciation of the 
blessed Virgin, 1662, 250?. already paid by virtue of Pri\-y Seal 
dated the 15th May last, to be defalked therefrom; and other 
letters of Privy Seal dated the 21st March last authorising said 
payment, having been mislaid, are hereby vacated and annulled. 
Draft tuith corrections. 2 2'2'. The Warrant is dated 23 February 
1663, see Dom. Entry BL Chus. II., Xo. IX., pp. 281-283. [Col. 
Papers, Vol. XVI., Xo. 118.] 

402. Relation of the imprisonment of about 200 Quakers in 
Doi'setshu-e. Many Quakers are imprisoned in Virginia under the 
government of Sir William Bartlett [Berkeley], and their goods 
taken from them, and some banished, because they cannot swear, 
and because they cannot promise to abstain from meeting together 
to worsliip God, and abjure the same, and help to maintain their 
church and worship. [Dom., Chas. II. , Vol. LVI., Xo. 134, Cal., 
'p. 426.] 

403. Petition of Ann, widow of Nicholas Downe, chief clerk of 
the kitchen, to the King. Petitioner's husband served his Majesty 
from his infancy till his going over to France, and lost all his pro- 
perty in the wars ; after which he was forced to go to Vii-ginia 



AMERICA AND WEST INDIES, 119 



under the protection of Governor Sir Wm. Berkeley ; dying there 
shortly after, he left petitioner without support. Prays for a pen- 
sion. [Dom., Chas. II., Vol. LXVL, A^o. 107, Gal, p. 021.] 

404. A closely-m-itten paper of 12 pages addressed to the Lord 
Mayor, 'aldermen, citizens, and merchants in London, entitled, Coin- 
plaint from heaven with a hue and cry and a petition out of Vu-inia 
and Maryland to the King and his Parliament against the Barklian 
and Baltimore parties. The platform is Pope Jesuit determined 
to overthrow England with fire, sword, and distractions, and the 
Maryland Papists to drive us Protestants to purgatory. 12 pp. [Col 
Pope,:-:, Vol XVI., Xo. 119.] 
iwn. 405. Information of Anthony Langston, formerly ensign in Prince 

Jan. 7. Maurice's regiment, and afterwards 14 years in Virginia, taken hy 
Secretary Beunet. Was drinking last night at the Dog Tavern, 
when a person came who invited him to engage in some design. 
[Dom., Cho.s. II, Vol. LXVII, Xo. 14, Gal, p. 5.] 
Jan. S. 406. Petition of merchants, traders, planters, owners, and masters 

of ships, and others trading to Virginia and Maryland, to the King. 
Setting forth their reasons for praying that his Majesty will for the 
future command that no ships be suffered to depart from Virginia or 
Maryland with any tobacco except in the months of May, June, 
July, and August yearly. Signed hy John Jeffreys, Wm. Allen, and 
39 others. Indorsed, "Eec^ Jan? &\" 1 p. {Col. Papers, Vol. XVII, 
Xo. 1.] 
Jan. ? 407. Proposals for re-settlement of the Royal [African] Company. 

Present stock, 122,000/., to be valued at 10 per cent., and so reduced 
to 12,200?. Creditors to receive two-thirds of their debts in old stock 
and the remainder in ready money ; 84,000?. new stock to be raised, 
in subscribing which present adventurers and creditors who shall 
subscribe two-thirds of their debts into the old stock shall have the 
preference ; every 100/. adventurer to have a vote in the manage- 
ment. Government in England to be by committee of five, or at 
most seven persons, to be chosen by plarahty of votes in general 
court ; two of the five, or three of the seven, to retire annually, and 
others substituted ; the committee to meet three days a week and 
stay three hours at each meeting, and to receive 20s. apiece for each 
meeting ; no member to be absent except he have first petitioned 
the general court to lay down his place; the committee to have 
power to suspend any of the Company's oflicers hereafter mentioned, 
unless upon their appeal the general court restore them ; the_ said 
oflacers to give security for faithful tlischarge of duties, viz., a 
treasurer and chief accoimtant at 150/. each per ann. salary, second 
accountant at 100?., warehousekeeper at 60/., surveyor of ships at 
30/., and messenger at 20/. Eesolutions of the committee to be by 
majority of votes, and binding on the Company imless contradictory 
to some order of the general court. Any member of comniittee 
defrauding the Company or receiving any gift or bribe to forfeit his 
whole stock, and any oflicer so guilty to be forthwith discharged 
and made incapable of being ever restored. Posts in Africa to bo 



120 COLONIAL PAPERS. 

1C03. 

Cape Corso, Anashan, Commenda, Aga, and Acra ; castle of Cape 
Corso to be head factory and residence of the agent for the whole of 
Africa ; also of two merchants, a gold-taker, a warehouse-keeper, 
a chief accountant and second accountant, and thi'ee younger factors ; 
garrison to be 50 English soldiers and oO negro slaves, a captain, and 
four sergeants or corporals. Anashan to have chief and second 
factor, a sergeant, 10 English soldiers, and eight negroes. Commenda, 
Aga, and Acra to have each a house, two factors, two soldiers, and 
two negroes. For the Cai'ibbee islands the Company to allow the 
factors 2 per cent, for sales and returns in goods, and 1 per cent, for 
returns in bills of exchange ; the factors to make good to the Com- 
pany all their debts, and the Company to be at no further chai-ge. 
For the supply of the plantations with negro seiwants ; the Company 
to grant license to all his Majesty's subjects to fetch negroes on 
pajanent of 3?. per ton on the tonnage of their ships, but binding 
them not to touch at certain points ; also to make offer to governors 
to fui'nish them annually with as many negroes as they will contract 
for at 17?. per head at Barbadoes, IS?, at Antigua, and 19?. in 
Jamaica, with a reduction of 1/. per head at each place to any one 
contracting for a whole ship-load and paying one-fourth of the price 
in advance with security for the remainder ; the Comjiany not to be 
bound to supply negroes to any planter indebted to them for a former 
supply. If the Company's creditors will not accept of one-third in 
money and two-thirds in old stock, the whole effects to be made 
over to them and a new patent taken out. Endeavours to be used 
to olitain an Act of Parliament for confirmation of the Company's 
charter. [Dom., Okas. II., Vol. LXVIL, No. 162, Cal, p. 3C.] 

[Jan. 10.] 408. Warrant to prepare a bill for the King's signature, contain- 
ing a grant to the Royal African Company. Whereas all the regions 
know by the names of Guinny, Binny, Angola, and South Barbary, 
and all the parts of Africa to them belonging, and the sole trade thereof, 
are the imdoubted right of us, our heirs and successors ; and whereas 
his Majesty has by Letters Patent, bearing date IStli December IGGO, 
granted all said regions, that is to say, from Cape Blanco to Cape de 
Bona Esperanza, to James Duke of York and Albany and others 
for the term of (1,000) years, for the sole use of the Company of Royal 
Adventiu-ers in Africa, by said Letters Patent incorporated ; his 
Majesty, in consideration of the sui-render of said Letters Patent, and 
tendering the advancement of said Royal Company, by these presents 
grants to (our Royal Consort Queen Katherine, lilary the Queen our 
mother, our dearest brother James Duke of York, our dearest sister 
Henrietta Maria, Duchess of Orleans, Prince Rupert, George Duke of 
Buckingham, Mar3' Duchess of Richmond, Edward Earl of Manchester, 
Philliji Earl of Pembroke, Henry Earl of St. Albans, John Earl of 
Bath, Edward Earl of Sandwich, Charles Earl of Carlisle, Earl of 
Lauderdale, George Lord Berkley, William Lord Craven, Lord 
Lucas, Charles Lord Gerrard, William Lord Croft, John Lord 
Berkeley, Thomas Grey, Esq., Sir George Carteret, Kt., Sir Charles 
Sidley, Kt., Sir Ellis Leigh ton, Kt., Edward Gregory, Gent., Sir 
Edward Turnui-, Kt., Sir Anthony de ]\Ierces, William Legg, Esq., 



AMERICA AND WEST INDIES. 121 



Richard Nicholl, Esq., Sir William Davison, Kt., William Cutler, 
Sir James Modyford, Kt., Thomas CuUen, Gent., Geornv Cock, Cent., 
Charles Porter, Gent., Sir John Colleton, Kt., John Duckworth, 
Gent, Sir John Robinson, Kt., Sir Nicholas Crispe, Kt., Sir Richard 
Ford, Kt., Sir William Ryder, Kt., John Bence, Sir George Smith, Kt., 
Sir John Shaw, Kt., Sir Martin Noell, Kt., Abraham Bigg, Gent., 
Thomas Povey, Esq., Edward Backwell, Esq., Matthew Wren, Gent., 
Tobias Ruscat, Gent., Martin Noell, Jun., Gent., Henry Johnson, 
Gent, James Congett, Gent., John Aslilmniliam, Gent., Edward 
Noell, Esq., James Noell Gent, Francis McmkII, (Jent, John Cooper, 
Gent, Sir Andrew' Riccard, William Herbert, i'^sq., Sir John Jacob, 
Sir JohnHaiTisoii, Sir J,.lui \V(ilstriil„,lnu-, Sir William Wake, Silas, 
Titus, and r.-t.-r l'rol,\' :lh<sr :niu,<^.a^ irrll lis l/,r ,l,,te and term 
of yeai-'i <irr ,,n,ilh'.l '/,/ ////.s ,l,;ift, hat ^irr ! ,i flir J',ilrrif), and their 
successors, all tlie i-egions and dominions, extending from the Port 
of Sallee in South Barbary, and extending to Cape de Bona Espeianza, 
during the term of (1,000) years ; rendering to his Majesty and his 
successors two elephants, whensoever he or any of them shall land 
in said regions. Nevertheless this grant is for the sole benefit of 
the Company of Royal Adventurers into Africa by these presents 
incorporated. For the furtherance of the trade, and encouragement 
in the discovery of the golden mines, and settling of plantations, 
the society shall be one body corporate, and use a common seal, 
engraven with, on the one side an elephant supyiorted by two 
blackamores, and on the other the image of our Royal person. With 
power to the Company to meet on or before 25th March next, and to 
choose a governor, sub-governor, deputy governor, and 24> or 36 
assistants, who shall have the management of all the affairs of said 
Company, and continue in office for the space of one year, but shall 
be removable for any misdemeanor by the major part of the 
generality. Every governor, sub-governor, deputy governor, and 
assistant to take his oath for the faithful discharge of his trust, 
unless the governor be of the Royal family. With power to hold 
courts, make laws not repugnant to the laws of this realm, and inflict 
punishment by imprisonment or fine ; to set to sea ships with 
ordnance and ammmiition, and to have all mines of gold and silver, 
and the sole privilege of trade into and from said parts of Africa, 
on payment of customs and other duties on goods. All his Majesty's 
sul:ijects of what degree soever are hereby forbidden to visit or 
traffic in the places afor.'said. ur t<i ini])urt any red-wood, elephants' 
teeth, negro slaves, hi. Irs, wax, -iims, -rains, or other commodities of 
that countrj', unless with lici.'U.se of saiil Company, under pain of 
imprisonment and loss of ships and goods. Also, all factors, masters, 
and mariners of the Company are forbidden to trade, and power i,s 
given to the Company to seize ships, slaves, goods, and merchandize 
so trading contrary to these presents ; the moiety to be to the use 
of the Company, and the other moiety to the use of his Majesty, his 
heirs and successors. With power to the Company to have the 
government of all plantations by them settled -4n those parts of 
Africa, and authority to appoint governors, raise forces, and execute 
martial law ; the sovereign right to his Majesty and successors 



122 COLONIAL PAPERS. 

IGGS. 

being always reserved. His Majesty, his heirs and successors to 
have two-thirds of all gold mines found in places aforesaid, paying 
two-thirds of all charges incident to working and transportation of 
same, the Company to have the other third and to pay the other 
third of charges. Draft iviih corrections and omissions which have 
been supplied from the Patent Boll, 14 Ghas. II., part 27, which 
is dated 10 Jan. 1663. 16 pp. {Gol. Papers, Vol. XVII., No. 2.] 

Jan. 10. 409. Extract from preceding Warrant to the Royal African 
Company of England, concerning the appointment of a governor, 
sub-governor, deputy governor, and 24 assistants of the Company ; 
any seven or the major part of whom, the governor, sub-governor, or 
deputy governor to be one, shall be called the Court of Assistants of 
the Royal African Company of England, who are hereby empowered, 
according to the rules and directions given them by the general 
court, to have the management of all the affairs of the Company. 
1 IX \Col. Papers, Vol. XVII., No. 3.] 

Jan. 20. 410. Warrant to the Commissioners of the Navy to ]iay William 
"Whitehall. Overton, surgeon, the sura of 350?. for his services in the cure of 

several wounded and diseased soldiers in Jamaica. 1 p. {Dom. 

Entry BL, Chas. II., Vol. IX., p. 241.] 

Jan. 23. 411. Minutes cif the Council of Jamaica. Heads of the declara- 

St. Jago de-la- tion for the liberty of tlie negroes, to be drawn into a form to serve 

^^'^' as a charter to them and their heirs for ever. For carrying on the 

work at Fort Charles, ordered that Sec. Rich. Povey abate one-third 

of all debts due to the King for goods sold, provided remainder is 

paid in ready money. \_Col. Entry Bh., No. 37, j). 21.] 

Feb. 1. 412. Proclamation of Sir Chas. Lyttelton, Deputy Governor, in 

St. Jago iie-la- accordance with the preceding Minutes of Council of Jan. 23 
''°''- concerning the free negroes. That Juan Luyola and the rest 
of the negi'oes of his Palenque, on account of their submission 
and services to the Engli.sh, shall have grants of land and enjoy all 
the liberties and privileges of Englishmen, but must bring up their 
children to the English tongue. That other negroes in the moun- 
tains shall enjoy the same benefits, provided they submit within 14 
days after receiving this notice. That Luyola be colonel of the black 
regiment of militia, and he and others appointed magistrates over 
the ne-ioc> to decide all cases except those of life and death. Copies 
in Eiii/lisl, ,:,,,/ Spanish. [Col. Entry Bks., No. 34, ^jp. 75-79, and 
No. ST. pp. -27. -2^.] 

Feb. 11. 413. Minutes of the Council and Assembly of Barbadoes. Or- 
dered that Major William Bate, the Treasurer, pay as formerly 
150,000 lbs. of sugar for the support of the Government, for the 
year ensuing the 18th Dec. last, i p. [Col. Entry Bh., Vol. XL, 
p. 78.] 

1GG3 ? 414. Desires of the Royal Adventurers to Africa. That if the 

Spanish subjects of the West Indies be licensed to trade in his 
Majesty's dominions of America, tlie whole trade ajid commerce may 



AMERICA AND WEST INDIES. 123 



1CC3. 

lie appropriated to said Company for the considerations herein 
naniwl, among which it is urged that the granting such a license is a 
prerogative of the Crow:a ; that English subjects have been freely 
invited to join the Company on equal terms without any fine, and 
therefore have no reason to complain of being excluded ; and that 
the Company will give the like invitation to English subjects in the 
Plantations, so they can have no reasonable pretence of clamour. 
Also reasons against making this licensed trade universal, and 
reply to the objection that if this trade should be established in 
Jamaica in the Company's hands only, it may hinder the growth of 
that infant plantation. 2 pp. {Col. Papjers, Vol. XVII., No. 4.] 
Feb. ? 415. The King to [the Governor of Barbadoes]. His Majesty 

Whitehall, being certainly informed that the Spanish planters of the West 
Indies lately attempted to trade with Barbadoes for a supply of 
negTo slaves, but were given to understand that they could not 
lawfully do so, hereby grants license to Spanish subjects in America 
to purchase from the Caribbee Islands and Jamaica supplies of negro 
slaves, and such other European commodities as their own Planta- 
tions may want, on payment of customs for the same, for every 
negTo five pieces of eight, at the rate of four shillings sterling for 
every piece of eight. Draft with corrections, and with mem. added, 
" If this be intended only for the Governor of Jamaica and the 
Governor of Barbadoes, some expressions must be amended for it 
noAv the Governors of Virginia, and all the American Planta- 

tions." 2 p^.). [Col. Papers, Vol. XVII, No. 5.] 
Feb. ? 416. Another draft of the preceding. The duty for every negro 

person or slave is set down at ten pieces of eight, and two clauses have 
been added prohibiting Spanish subjects to trade with English Planta- 
tions in any goods whatever of the growth of Europe Asia or Africa 
U pp. \Col. Papers, Vol. XVII., No. 6.] 
Feb. 20. 417. Another draft of the above, with alterations and the date 
White-hall, filled in, by Sec. Nicholas, who has also written " To Francis Lord 
Willoughby of Parham, Governor of Barbadoes and other the Caribbee 
Islands." Annexed, 

Extracts of letters from Thomas Modyford ? of Barbadoes to 
his brother. Concerning trade for negroes in Barbadoes with 
the Spaniards. Overtures made by Spaniards from Martinique 
to the President of Barbadoes, in which the Governor of Carta- 
gena had a share ; that the negToes now bought were to be 
transported to Peru where their market price was 1,000 pieces 
of eight per head; that if assured of free trade in Barbadoes 
the Spaniards would undertake to bring commodities to the 
value of five million pieces of eight yearly ; and that for the 
King of England's encouragement to grant a license they would 
pay ten per cent, customs for all commodities or slaves they 
should carry off". His Majesty is recommended to grant license 
for said trade for several reasons, the first being that it Avill be 
worth lOO.OOOZ. per amium to him. Barbadoes, 1G62, March 30. 

Since his last a Spanish ship has arrived and filled our island 
with money; 12.5 to 140 pieces of eight per head given for 
negroes, the trade opposed by the Coimcil, but the President 



124 COLONIAL TAPERS. 

1GG3. ] ^ 

" hath done all on his own head." The Spaniards have bought 
400 lilacks and intend to make them 800. Will himself go to 
(_ 'avtao-ena if his negro ship came not in before the Spaniards 
go hence. Barbadoes, l(i()2, April 30. 

At the Assembly on 7th May the 1 1 pieces of eight tax (on 
negToes) was voted illegal and arbitrary, and the writer carried 
the resolution to the President and Council. Col. Birch said it 
was no less than high treason to assume a power which none 
but King, Lords, and Commons durst or could lawfully execute. 
Scene with the President ; the Council assented to and recorded 
the vote. 100 negroes from the Peregrine bought by the 
Spaniards at 220 pieces of eight per head embarked for. 
Cai-tagena. A ship belonging to the Royal African Company 
sold negroes to the Spaniards, and although Jas. Beake told the 
President they were the Duke of York's, he insolently enforced 
the jiayment of 11 pieces of eight. 16G2, May 2G. Another 
Spanish ship arrived with plate, jewels, indigo, &c., but was 
denied trade ; it would be of great advantage if the license were 
here now, but when it comes doubt not to make it highly bene- 
ficial to the Royal [African] Company, and consequently to the 
whole nation. Barbadoes, 1GG2, Sept. 3. 

His ship has safely arrived at Boston from Cartagena with 
the price in pieces of eight agreed for [the negroes], so the 
Spaniards have performed honourably. A ship of theirs allowed 
to trade with their bullion and jewels only. Hopes something 
has been done towards the intended trade. Barbadoes, 1GG2, 
Sept. 13. The last two letters are signed T. M. Imlorsed by 
Nicholas, " Barbadoes, Ch. Porter." G j^^- l^ol. Papers, Vol. 
XVII., Nos. 7, 8, 9.] 
Fell. ? 418. Copies of the preceding extracts of letters from Barbadoes. 

Tiiihn-^cd by Kicliol as, "Treide of negroes." G /</). \_Col. Papers, 
Vvl. XVI I, Xo. 10.] 
Feb. 27. 419. Minutes of the Council of Jamaica. Ordered that the 

Point CiigiKi. Act concerning runawaj^ servants be aiiiciulid a> to penalties, which 
shall be recovered by action. That Niclida- Ivciiir, H re-master, have 
the use of the timber house called Str|ilii.-irs building, one mile from 
the town. That fairs and market days be holden on Lady-day, St. 
John Baptist's, Michaelmas, and New Year's days. That a place 
be fixed for the sale of flesh and fish on Point Cagua. That 
M astro de Campa be forthwith despatched Avith 12 men, to deliver 
the declaration to the runaway negroes, and " endeavour their re- 
sponse." [Col. Entry Bl:, Xo. 37, p. 21.] 
Feb. ? 420. Petition of David Dacosta and Moses Hamesgago to the 

King. Born in Spain, but now living in Barbadoes, and great 
traders, Jiray for letters of denization for the better security of their 
persons and estates. 1 p. [Col. Pajwrs, Vol. XVII., Xo. 11.] 
Fell. 421. Grant of denization to Hamesgago and Jeronimo Rod- 

rigues Resio, aliens born, living in Barbadoes, provided they take 
the oath of allegiance before the Governor or chief magistrate there. 
[Voui.. Chas II., Vol. LXVIIL, Xo. 138, Cal. p. GL] 



AMERICA AND WEST INDIES. 125 



16C3. 

March 2. 422. [Mr. Hooke ? minister], to [Davenport, at Boston, New 
Englanil]. Detailed account of the sufferings of God's people 
thr(jugli tile Act of Uniformity both in England and Scotland. 
Richai'd Saltonstall, some time of New England, is lately come out 
of the common gaol at Shrewsbury, to which he was sent by Lord 
Newport for refusing to take the oath of allegiance till lie was in- 
formed about it, touching something at wliieh lir scnipled. .John 
Baker, some time a planter in New England, had liis part in tre- 
lianning men into treason and then informing against them ; ho 
lieth now in Newgate. Spent part of this f(.rriiu()n in .Irliating 
with Winthrop, Thomson, Scott of Long Island, and WliitHeld, in 
debating the business of the colony of New England ; hopes it may 
still enjoy its former liberties in church and commonwealth, which 
are now in danger to be utterly lost. Winthrop says it was not his 
intention New England should have been thus dealt with by her 
neighbours at Connecticut, nor that her liberties should be infringed, 
but he desires they may remain as before ; desired him to wi-ite to 
Connecticut and make known as much, he being entrusted to act as 
agent for them : he says Leete came to him before he left Connec- 
ticut, desiring him to take in New England with ( 'oiinocticut ; 
hopes Winthrop will do his best to .set the New Englandris li\- them- 
selves and procure their settlement npon their first fmindatifm. >SVe 
Xos. 430, 440. [Dom., Chas. II., Vol. LXIX., No. .5, Cal. jjp. (J3-65,] 
ilarcli 4. 423. Minutes of the Council for Foreign Plantations. Mr. Fronde 
to procure warrant from the Lord Treasurer fc3r payment of 150?. 
towards their charges of half a year ended 1st Dec. last. \ p. [CoL 
Papers, Vol. XIV., Xo. .59, jx 49.] 
March 10. 424. Order of the President and Council of Barbadoes, on peti- 
tions of the inhabitants of St. Andrew's, St. Peter's, and St. Lucy. 
That in consideration of the common calamity of the island the 
judges in the several precincts adjourn their courts and stay all 
proceeilings of their inferior officers until said jietitions and the 
necessities of the island can be represented and considered by them- 
selves with the concurrence of the Assembly at their next meeting. 
Copy of this order to be presented to the several judges. 1 p). \_Col. 
Pajyers, Vol. XVII., Xo. 12.] 
March 13. 425. The King to [the Governor of Jamaica], commanding him 
to give free license and warrant to the Spanish planters in America 
to have free trade with any of the Caribbeo Islands oi' Jamaica in 
goods and negroes upon payment of certain duties therein named. 
Xot signed. 3 jyp- [Col. Papers, Vol. XVII., Xo. 13.] 
March 13. 426. The King to [the Governor of Barbadoes]. Entry of docu- 
ment calendared under date of Feb. 1663, see ante, Xo. 415, with 
the rnarginul note, "intercourse with the Spaniards of America regu- 
lated, &c." Also mem., A like (mutatis mutandis) to Jamaica dated 
13tli March 1663. 6 pp. [Col. Entry BL, Xo. 93, pj). 5-11.] 
March 24. 427. The first charter granted liy King- Chas. II. to the Lords 
Wrstmiu^-ttT. Pri^iprietors of Carolina. Ed war. 1 Earl of Clarendon, George Duko of 
Albemarle, Wm. Lord Craven, .John Lord Berkeley, Anthony Lord 



126 COLONIAL PAPERS. 



Ashley, Sir Geo. Carteret, Sir Wm. Berkeley, and Sir John Colleton, 
having besought the King for leave to make a colony in America, 
not yet cultivated or planted, the King grants and confirms to them 
all that territory in America extending from the north-east of Lucke 
Island Avhich lieth in the Southern Vii'ginia Seas, and Avithin six 
and thirty degrees of northern latitude, and to the west as far as the 
South Seas, and so southerly as far as the river St. Matthia^, -which 
bordereth upon the coast of Florida, and within one and thirty 
degi-ees of northern latitude, and so west in a direct line as far as 
the South Seas aforesaid, with the patronage and advowson of 
churches and other jurisdictions and privileges, creating them the 
true and absolute Lords and Proprietors of the said Province. With 
power to enact laws, appoint judges, justices, magistrates, and other 
officers, and to make orders and ordinances, until an assembly of 
freeholders can be called. License is given to the King's liege people 
to transport themselves to said Province, to freight in every port, 
and to transport goods, wares, and merchandises, saving to the King 
the customs and duties, silks, wines, currants, raisins, capers, wax, 
almonds, oils, and olives to be exempt from duty for seven years. 
Power to erect and constitute ports, harbours, &c., the subsidies to 
belong to the Lords Proprietors, who may assign and grant the pre- 
mises or any part thereof to whoever will pm-chase the same. Also 
with power to confer titles of honour, so as they be not the same as 
are enjoyed by or conferred upon any of his Majesty's subjects in 
England ; and to erect forts, castles, cities, toAvns, and other fortifi- 
cations. To le\y, muster, and train men, and make war, and to 
exercise martial law. The Province and the inhabitants to be subject 
immediately to the CroAvn of England, but the Lords Proprietors are 
empowered to grant liberty of conscience. In case of doubts or 
question the interpretation to be made most advantageous and 
favourable to tin.' Lords Propiiutors. This cJidrli r is printed in full 
in Tmtt's Lnv^ ,,f Sn,,i], (\, ,,,!;„'>. /-y.. xxi-xxxii. see Col. Entry 
Bk., No. 24. [i^'/i ,// livll. 1.-. r/„,x n., I'.'d -1, Xo. 27.] 

J\[arch 2G. 428. License signed by Gov. Sir Wm. Berkeley for Col. Francis 
Moryson to depart the colony, his private occasions as well as the 
public affairs requiring his going for England, there to remain three 
years. 1 p. [Col. Papers, Vol. XVII., No. 14.] 

March SO. 429. Gov. Sir Wm. Berkeley to Secretary Sir Henry Bennet. 
Virgiuia. Congratulations on his advancement. Recommends Col. Moryson 
to his favour in business that concerns his Majesty in these parts, " 
and belii'Vfs liis ]\Iajrsty \y\i\\ little charge may find as gi-eat accesses 
to his ri'Viuuf tVoiii tins place as from any of his Plantations what- 
ever. ir;//( so<l mailhital. 1 p. [Col Papers, Vol. XVII, No. 15.] 

April 8. 430. Examination of Sanniel Wilson, tailor. Had some hundreds 
of letters to carry into New England, amongst others one bundle of 
news-books and the letter taken upon him, A\diich were given him 
by one'Hooke [see ante, No. 422] ; knows not where Hooke lives. 
Majoi' Thompson delivered him several letters to carry to New Eng- 
land, ami two days after came and asked him where he had put 



AMERICA AND WEST INDIES. 127 



1663. 



them, because he heard there would be a .search for letters ; knows 
not where Thompson lives, but met him and received the lettei's on 
the Exchange. [Dom., Chas. II., Vol. LXXL, No. 12, Cal., p. 98.] 

April .5. 431. Petition of Hemy Jaason, Doctor of Laws, to tlie King. That 

his Majesty about a year since granted petitioner all the wastes and 
illegal encroachments in Barbadoes [see ante, No. 27G]. Mr. Kendal 
and some other planters there have obstructed this grant, and though 
ordei-ed to give in their exceptions speedily in ^vl•iting to the Privy 
Council, have all this while refused to do so. Prays they may be 
ordered to appear before the Privy Council and show reason, if they 
can, for their jDast contempt and continued opposition to his Majesty '.s 
grant. Indorsed, Rec. April 5, read 15, and to be heard 24. To be 
heard the 29th, 1G63. 1 p. [Col. Papers, Vol. XVII., No. 16.] 

April 7. 432. Edward Godfivy to Thos. Povey. Has formerly wi-itten how 

the Province of Maiiir siniidrili at present. Know as Columbus ofiered 
the discovery of tlir West India to Henry VII. you are at present 
offered a tract of land already discovered and in part populated with 
English, which for future and discovery is of more concernment than 
any part of America as yet settled on by the English. Send for Gorges 
at Francis Lutterell's, at Gray's Inn, and talk with him ; you will 
find him a man not capable of such a great business, to be the un- 
doing of so many loyal subjects, and suffer those parts of the which, 
till 1652, had ever lived according to his Majesty's laws, but now is 
made a receptacle of those of Hugh Peters, Vane, Vener, Baker, Potter, 
who to avoid their principles fly thither for shelter, and keep us 
loyal subjects out of our inheritance after SO years' possession so 
dearly bought. Desires he will talk with Lord Robartes' son, Mr. 
Hender (?) that Godfrey may know Povey 's resolution. Thoucdi 
Gorges' grandees have plundered Godfrey's house in New England, 
and possessed themselves of most of his records, precedents, and 
papers of 55 years' travail, he has sufficient here in England to 
guard a right course and settle those parts as formerly to any rea- 
sonable man. Is informed that one Mr. Nicolls, belonging to the 
Duke of York, is to go for New England. Has all passages of 40 
years in that country, which will show him and Povey what is 
needful. 1 p. [Col. Papers, Vol. XVII, No. 17.] 

April 7. 433. Agreement between the agents of Connecticut and Rhode 

Island, touching the Nari-agansett country. Differences having 
arisen between Jno. Winthrop and Jno. Clarke, agents for taking out 
Patents for the colonies of Comiecticut and Rhode Island respectively, 
as to the meaning of certain bounds in a Patent lately granted to 
Connecticut, said agents have jointly appointed Wm. Brereton, 
Major Robert Thomson, Capts. Richard Deane and John Brook- 
haven, and Dr. Benjamin Worsley to consider what might be most 
commodious for settKng said bounds : — the undersigned have unani- 
mously agreed to advise, that a river called Pawcatuck shall be the 
bounds, and shall in future be called alias' Narragansett River ; " 
2ndly, " if any parts of that purchase at Quimbage doth lie along 
upon the east side of that river that goeth doAvn by New London 
within six miles of the said river, that then it shall wholly belong 



128 COLONIAL PAPERS. 



April 8. 



to Connecticut colony, as well as the rest which lyeth on the western 
side ; Srdly, that the proprietors and inhabitants of that land about 
Mr. Smith's trading house claimed or purchased by Major Atherton, 
Capt. Hutchinson, Lieut. Hudson, and others, or given unto them by 
the Indians, shall have free libertj^ to choose to which of those colonies 
they will belong ; 4thly, propriety shall be carefiilly maintained through 
said colonies. Signed, AVm. Brereton, Robert Thomson, B. Worslej'', 
Ri. Deane, Jno. Brookhaven. With mem. that to the four proposals 
above mentioned said Jno. Winthroj) and Jno. Clarke consent as 
a final issue of all the controversies betwixt them. Signed, Jno. 
Winthrop, in the presence of J. Beane, Wm. Potter, and Robert 
Thomson. Copy by John Sanford, Recorder of Rhode Island and 
Province. Indorsed, Rec'l from the Govern'^ of Rhode Island, the 
12th Nov. 16.S0. 2^)/). Tvo ropier. [Col. Papers, Vol. XVII., Xos. 
18, 10.] 

434. Minutes of the Council of Barbadoes. President Walrond 
acknowledges the receipt of 1,000/. from the last Spanish ship 
admitted to trade, and will present it to Lord Willoughby on his 
arrival, according to a former agreement between the President 
and Council, i p. [Col. Entry Bk., Vol. XL, jx 78.] 

Ajiril 0. 435. Patent of Receiver-General of the Revenues of Foreign 

Wustmiuster. Plantations. His Majesty judges it meet to erect an office in Eng- 
land to be called the office of Receiver-General of the Revenues 
]iayable from his foreig-n dominions, colonies, and plantations in 
Africa and America, with the fee of -iOOl. per annum, to be paid out 
of said revenues, and to grant said office to Thomas Rosse and Thomas 
Chiffinch, Esquires, for their natural lives and the life of the longer 
liver, to exercise same by themselves, or sufficient deputies, observing 
all orders from the High Treasurer and Chancellor of the Exchequer, 
but not to be receivers or collectors of the customs or duties payable 
on goods imported from said colonies and plantations. 1 memb. 
[Pot. Roll, 15 Cho.^. II, Port 11, Ko. 4.] 

April It. 436. Minutes of the Council of Jamaica. Upon a question 

I'oint Caj;iva)-. whether it be requisite to take in more persons in the Council. 

Resolved that Lt.-Coll. John Lynch, Mr. Pugh, and Capt. John Man 

Ije sworn of the Council, and they were sworn accordingly. [Col. 

Entrii Bk, Xo. 87,/'. 21.] 

April 10. 437. Order of the King in Council. Letters and jiapers from New 
Whitehall. England being read, the King declared that he intends to preserve the 
charter of that plantation and speedily to send over Commissioners 
to see how the charter is maintained on the pai-t of the Province, and 
to reconcile the differences at present amongst them, f _/j. [Col. 
Entry Bk, Vol. LX.,pp. 10, 11.] 

April ? 438. Petition of Jo. Collins to the King. For a grant of the 

islanil of "Burliooda" [Barbuda] which lyes upon a rock in 
17" latitude, uninhabited, and never brought any profit to the Crown 



AMERICA AND WE.ST INDIES. 129 



and is not tit for any iise but to graze some few cattle. [Cruttivell 
says this island ivas called Didcena " from its beautiful appcar- 
ance."] Signed but mutilated. 1 j). [Col. Papers, Vol. XVII., 
No. 20.] 

April 15. 439. Minute of the preceding petition of John Collins, with 

Whitehall, reference to the Council for Foreign Plantations, see Wariv/nf.Sth 

.lulu, Xo. .U4. ip. [Dom. Entry M., Chas. II., Vol. XIII., p). 266.] 

April 21. 440. Boml of Samuel Wilson, Martin Aglethorpe, Edward 
Merr;y'A\'eather, Noah Flojal, and Kandolph Ingram, in 1,000?., for 
good conduct and presenting within a year to a Secretary of State 
the person of Hooke, writer of a seditious letter to New England, sec 
ante, Xo. 422. [Dom., Chas. II., Vol, LXXII., Xo. 17, Cal, p. 117.] 
Aju-il ? 441. Tlie King to [the Deputy Governor of Jamaica]. His 

Majesty has heard of the success of the undertaking upon Cuba, in 
which "he cannot choose but please himself in the vigour and reso- 
lution wherein it was performed, although it does not appear to his 
Majesty that any public benefit accrues to Ins srrvice thereby. Has 
likewise been informed of new undertakiiiu^ nf tin/ like nature; but 
because his Majesty cannot foresee any utility- likrly to arise thereby, 
but on the contrary concludes that whatever the success be, the 
strength of the place will be much weakened and the minds of the 
planters distracted from industry on the island, which alone can 
make it considerable, his Majesty has thought fit hereby to com- 
mand him to give no encoui-agement to such undertakings unless 
they may be performed by the frigates or men-of-war attending 
that place, without any addition from the soldiers or inhabitants. 
Draft ivith corrections in the handwriting of Sec. Xicholas. 1 /). 
[Coi. Papers, Vol. XVII., Xo. 21.] 

Aiirii. 442. Fair copy of the preceding letter "to the Deputy Governor 

Whitehall, of Jamaica to regulate future attempts on the Spaniards, &:c.," which 

has been struck through, and Sec. Nicholas has \\Titten the draft of 

another letter to be sent instead, which is calendared in the abstract 

following. 2i 2)p. [Col. PajxTs, Vol XVII., Xo. 22.] 

April 28. 443. The King to the Deputy Governor of Jamaica. Under- 
standing with what jealousy and offence the Spaniards look upon 
our island of Jamaica, and how disposed they are to make some 
attempt upon it, and knowing how disabled it will remain in its 
own defence if encouragement be given to such undertakings as 
have lately been set on foot, and are yet pursued, and which divert 
the inhabitants from that industry which alone can render the 
island considerable, the King signifies his dislike of all such under- 
takings, and commands that no such be pursued for the future, but 
that they unitedly apply themselves to the improvement of the 
plantation and keeping the force in a proper condition, Counter- 
signed by Sec. Bennet.' [Col. Papers, Vol. XVII Xo. 23.] 

April 28. 444. Two copies of the preceding letter, one bearing date 
26th May 1663. [CuL Entry Bk., Vol. XCIIL, pp. 13, 14, and 
pp. 16, 17.] 

M 605. I 



130 COLONIAL PAPERS. 



1663. 

April. 445. Another copy of preceding letter. [Dora. Entry Bl:, 

Chas. II., Vol. XXl.^pp. 152, 153.] 

Apiil 28. 446. Minutes of the Council of Jamaica. Resolved that the 
Point Cagua. Cocoa walks distributed to the officers of the late army remain 
their jiroperty, and be confii-med by the seal of the island. That 
Mr. Pugh and Capt. Man bring in an abstract of the tenths and 
fifteenths due to his Majesty and his Royal Highness from the 
records of the Admu-alty Court. That Lt.-Col. Thos. LjTich, Capts. 
Fuller and Man, and Mr. Pugh, contract with a carpenter foi- 
rebuilding the bridge at Passage Fort, and report on the best means 
of levjang the same on boatmen, alehouse keepers, and merchants. 
That an Act be drawn empowering any two justices of the peace to 
settle a maintenance for the ministers of their precincts. That the 
Spanish prisoners be sent to England by the first King's ship. That 
butchers shall not charge more than Qd. per lb. for tame hogs, under 
a penalty of 20s. for each offence. That a i'e\dew of the accounts 
between Capts. Morris, Williams, and Burroughs be made. That 
the Spanish negroes be exercised in martial discipline, under the 
command of Juan Luyola. 

Proclamations of Dep. Governor Lyttelton in accordance with the 
above resolutions of Coimcil concerning the price of butchers' meat 
and the accounts between Capts. Williams and Burroughs, both dated 
April 9. 4i jyp- \Col. Entry Bks., Ko. 37, pp. 21, 22, and Ko. 34, 
pp. 79-81.] 

April. 447. Warrant to Sir Heneage Finch, Solicitor-General. To 

prepare a bill containing a grant to Lord Windsor, Governor of 
Jamaica, of all that point of land called Point Cagway, next adjoin- 
mg Charles Fort, containing about 400 acres, vnih all privileges, 
mines, &c., and also the ferry over the harbour, and all its rights, to 
be holden for ever in free soccage, as of the manor of East Green- 
wich in Kent. 1 jj. [Col. Papers, Vol. XVIL, Ko. 24.] 

April. 448. Copy of the preceding, in the hand-m-iting of Sec. Nicholas, 

but with the clause about mines omitted. [Col. Papers, Vol. XVIL. 
Ko. 25.] 

April 29. 449. Secretarj' Sir Hemy Bennet to Sir Chas. Lyttelton Deputy 
WhitehaU. Governor of Jamaica. Sir Edward Nicholas has put into Sec. 
Beimet's hands his letters of Dec. 15 and Jan. 13, relating the con- 
dition of the island, in which his Majesty will take some speedy 
resolutions for supplying all things requisite. For the present here 
goes only an order forbidding him absolutely to encom'age any more 
such undertakings as have been from the island abroad into other 
parts, the disability into which they will cast them, as to their 
own defence and improvement, making his Majesty dissatisfied with 
the success of them, how good soever they be. Will solicit with all 
efficacy the things desired, both for the good of the island, and his 
particular satisfaction. 1 p. [Col Papers, Vol. XVIL, Ko. 26.] 

April ? 450. Draft of preceding in Sec. Nicholas' hand. [Col. Papers, 

Vol. XVIL, Ko. 27.] 



AMERICA AND WEST INDIES. 131 



1663. 

May 6. 451. King'.s Bill containing a grant to Francis Lord WUlougliby 

of Parliam and Lawrence Hyde, of Surinam in Guiana, by the name 
of Willoughby Land. Whereas Lord Willoughby in 16.50 furnished 
out a vessel, and by treaty with the natives of that part of Guiana 
called Surinam, between the rivers Marawyn and Seramica, began 
to settle an English colony upon the same, and at his own cost 
equipped a ship of 20 guns and two smaller vessels with things 
necessary for the support of said Plantation; and afterwards in 
16.52, for the better settling of said colony, went in person, and 
fortiiied and furnished the same with things requisite for defence and 
trade, and since his return to England has at his own cost supplied 
and supported said colony from time to time ; his Majesty taking 
into consideration the faithfull services of said Lord Willoughby, 
and his desires that La^vl■ence Hyde, second sou of Edward Earl of 
Clarendon, may be joined with him, grants to said Francis Lord Wil- 
loughby and Lawrence Hyde, their heirs and assigns, all that part 
of the mainland of Guiana in America called Surinam, lying westerly 
one mile beyond the river Copenam, and easterly one mile beyond 
the river Marawyn, containing from east to west forty leagues or 
thereabouts, and extending from the sea southwards to the heads 
of said rivers and thence by direct lines to the South Sea, by the 
name of Willoughby Land ; with the said rivers Seramica, Suri- 
nam, Copenam, and Mara^vyn, and all other rivers, islands, ports, 
mines, privileges, profits, &c., &c., in as ample manner as has been 
granted to any proprietor of any other colony ; except 30,000 acres 
reserved to his Majesty for demesne, and one fifth of all ore of gold 
and silver, to be held in free and common soccage, yielding 2,000 lbs. 
of tobacco of the growth of said country, to be paid into the Custom 
House at London every year at the feast of St. Michael, and also the 
fifth part of aU ore of gold and silver gotten there. With power 
to transport persons, arms, ammunition, goods, and merchandise on 
pa3dng the usual customs ; such persons to have free trade and not 
to be compelled to answer any suit out of said colony, and liberty 
to such as inhabit said province and cannot conform to the Church 
of England to grant such dispensations as they think fit, provided 
said persons continue in loyalty and obedience to his Majesty ; also 
power to ])lant settlements, erect cities, towns, manors, markets, 
schools, convey lands and tenements, appoint governors and other 
oflicers, frame a govei'ument, and establish laws with the consent 
of the greater part of the freeholders, or their representatives, punish 
delinquents extending to imprisonment or loss of life, if need be, 
constitute com-ts of justice, and further to appoint a standing Council, 
and with their consent make laws as near as may be agreeable to 
the laws of the realm, so as the same do not extend to altering the 
right of any person in his estate, goods, or chattels, also to build and 
fortify citadels, harbours, fee, appoint a captain general, and in case 
of invasion by the natives or any other enemies train and muster 
the inhabitants and fight with any persons not in amity with his 
Majesty, to proclaim martial law, and subdue all tmiiults, rebellions, 
and mutinies. All the posterity of free denizens of England, born 
within said province, to enjoy the privileges of free denizens of 

I 2 



132 COLONIAL PAPERS. 

1663. 

England. Forbidding the subjects of any foreign prince to traffic 
unto or haunt said province without license of said grantees, on pain 
of forfeiting ships and goods, said grantees to dispose of such forfeited 
ships and goods without anj^ account to his Majesty. In case either 
of said gi-antees or their heirs or assigns shall be in said province, 
or in any part of America, the party so present shall exercise and 
enjoy all the grants, authorities, and privileges herein-before gTanted, 
resei-ving the due share of profit to the party absent. Indorsed, 
L'^ Willoughby. Charles R. Our pleasure is that this pass by 
immediate warrant. Entred at the Signett, 2^1° Junii 1663. John 
Nicholas. Entred at the Privy Seal, -2^° Junii 1G68. The Patent 
isdated2 June 1663, see Patent Roll, 15 Chas. II., Part 10, Xo. 4. 
[Privy Seals, 15 Chas. II., No. 360.] 

May 9. 452. The King to all Captains and Commanders of ships, and all his 
Whitehall, subjects in Newfoundland. Whereas by his Majestj-'s letters of 20th 
March 1661, he conunanded Sir Lewis Kirke, John Kirke, and the 
heirs of Sir David Kirke forthmth to deliver any houses and lands 
witliin the province of Avalon, belonging to Cecil Lord Baltimore, 
to such as should be appointed by him, and whereas Lord Baltimore 
has appointed Capt. Robert Swanley to be his lieutenant there. His 
Majesty's officers and subjects are hereby required to be assisting to 
Capt. Swanley or his deputy in the Govex-nment of said province. 
Signed by the King, but not countersigned, a correction having 
been made. 1 p. (CoI. Papers, Vol. XVII, Xo. 28.] 

May 9. 453. Copy of the preceding, lipp. [Col. Entry Bt, Vol. XCIIL, 

X>p. 14, 15.] 

May 12. 454. Articles of agreement at a conference held at Mr. Allerton's 
in Winocomoco, in Virginia, by the Commi.ssioners of A'irginia and 
Maryland, not to plant any tobacco in either Colony after 20th June 
1664 for one year. Signed by Thos. Ludwell, Richard Lee, John 
Cai'ter, Robt. Smith, and Henry Corbin. And by Philip Calvert, 
Henry Sewell, Edward Lloyd, and Henry CourcJ^ Certified copy by 
Thos. Ludwell, Sec. Indorsed, "The fii-st treaty about lessening the 
quantities of tobacco." 1 p. [Col. Paj>ers, Vol. XVII, Xo. 29.] 

May 20. 455. Order of the Dep. Govr. and Council of Jamaica to the 
Point"Cagua. Provost-Marshall. That Francis Willson, for his mutinous and 
seditious speeches at Point Cagua, stand near the gallows at St. 
Jago de la Vega for two hours on 21st inst. having a gag in his 
mouth for half an hour, and a drum beating for the remaining time, 
with his tranisgressions written on paper and pinned to his back, 
that he receive the same punishment the following day at Point 
Cagua, and be afterwards imprisoned, until he be banished for seven 
years. 1 j^- [Col. Entry PL, Xo. 34, 2}p- 81, 82.] 
May 21. 456. Earl of Berkshire and two other Commissioners of the 
Savoy to Williamson. There is a serious charge against Francis 
Hodges for unjustly detaining several sums of money due to his 
Majesty : he was by the late pretended authorities and the then 
Council of State appointed Treasurer and Paymaster of the forces in 
Jamaica ; request that Richd. Pight may peruse the book of entries 



AMERICA AND WEST INDIES. 133 



igg;^. 



to find out what order was made for empowering Hodges to hold 
that office and what security he gave for discharge of the trust. 
[Dora. Chas. II., Vol. LXXIV., No. 15, Cul., p. 14G.] 

May 23. 457. Minutes of a meeting of the Lords Proprietor of Carolina : 

Present, the Duke of Albemarle, the Lords Craven, Berkele}-, and 
Ashley, Mr. Vice -Chamberlain, and Sir Jno. Colleton. Ordered, 
1. That, Lepreyrie be Engineer and Surveyor for Carolina. 2. 
That he be allowed 20s. weekly for the present. 3. That Sir Jno. 
Colleton be paid by each Proprietor 25?., to be disbursed according 
to the oi-ders of the major part of the Proprietors. 4. That 20,000 
acres be first reserved in every settlement for the Proprietors. 
.5. That the court-houses and houses for public meetings be settled 
upon such lands. 6. That maps be printed of the Province, and 
some declaration drawn to invite planters, and that both be iniblished. 
f p. [Col Entry Bk., No. 20, /. 1.] 

May 27. 458. Minutes of the Council for Foreign Plantations. On con- 
luner Court of sideration of a complaint against the Deputy Governor of Bar- 
"■' ^' badoes for having, as is alleged, on the petition of three parishes 
ordy, and without the advice of Assembly, as is usual, made a 
general order prohibiting all prosecution at law against planters 
there, for any debts due by them for divers months, to the great 
damage of merchants and traders [see ante, No. 424]. Committee 
appointed to wait upon Lord Willoughby to know the grounds of 
this complaint and inform the Council thereof i i). \Col. Papers, 
Vol XIV., No. .59, p. .50.] - i L 

May 30. 459. Minutes of the Council for Foreign Plantations. Report 
of Lord Willoughby that he knew nothing of an order of the 
Deputy Governor of Barbadoes obstructing all proceedings at law 
against any planters there for their debts, but b}^ report only, but he 
was of opinion that the Deputy Governor and his Council would 
endeavour to make that order justifiable by some Act of Assembly, 
on hearing the great complaints of several merchants and traders 
and their reasons for the evil consequences that cannot but attend 
so bad a precedent. Committee appointed to draw up the whole 
state of the matter and what they think fit to be done therein 1 p 
[Col. Papers, Vol. XIV., No. 59, 2). -50.] 

[May 30.] 460. Petition of William Wadding-ton to the King. That in the 
town of St. Michael's in Barbadoes, being drawn to an excess and 
over-measure of drinking in November 16G2, petitioner by some 
provocation of discourse did utter treasonable words, as it is attested 
against him, viz., That the King is elective, and in case he did any- 
thing amiss he was triable by his people ; w^ords he can neither 
remember nor is sensible of, and of so heinous concernment that 
(compos mentis) petitioner doth hate and aliominate. For these 
words he was on 2nd December last arraigned, cast, and received 
the sad sentence of condemnation. Prays for his Majesty's pardon, 
and that his life may not be snatched from him for words either 
not spoken, or extorted from him in a senseless condition. With 



134 COLONIAL PAPEES. 



reference to Sec. Sir Henry Bennet to conside)' the MUiiie, and move 
his Majesty therein. Whitehall, 1663, May 30. Annexed, 

4C0. I., II. Depositions of Jacob Lake, John Coachman, and 
Nathaniel Biscoe, that William Wadding-ton had declared at 
the house of John Codei' in the town of St. Michael's, that 
the King was elective, and in case he did anything amiss he 
was triable by the people or his Parliament. Barbadoes, 
1CG2, November 13, 29. Certified hy John Jennings, 
Clerk of the Crotm. IGGS, Fehriurry 28. 

460. III. Certificate of 32 inliabitants of London, that William 
AVaddington, while resident in the parish of St. Maiy Hill, 
near Billingsgate, was ever of civil conversation, and did 
not take up arms or act against his sovereign during the 
late unliappy difl'erences. 

460. IV, Declaration of 12 inhabitants of Barbadoes, that they 
had never observed in William Waddington any disaffec- 
tion to his now Majesty, or to his Royal father of blessed 
memory, only in November last they were credibly 
informed that he did, Avhen overtaken with drink, unwit- 
tingly irtter certain treasonable words. 

400. v. Deposition of Anne Waddingion that William Waddington 
was very much in drink when he spoke certain words 
inseiied in his petition deliverd by her to his Majesty on 
24th May last. 1663, June 2. Together Q papers. [Col. 
Papers, Vol. XVII., No. 30, 30 i., ii., in., iv., v.] 

[May 30.] 461. Petition of Col. Guy Molesworth to the King. That the 
ship Martin Van Rosen of Middleburgh, while trading at Jamaica 
with negroes for provisions by leave of the Governor and Council, 
was taken prize by Capt. Richard Whiting, commander of his 
Majesty frigate the Diamond. That Col. D'Oyley, then Governor, 
seized about 47 of said negroes and sold them, and is still account- 
able to the King for the money. Prays in consideration of his 
sufferings and Ms present great wants that the King will bestow 
said money upon him, out of which he is willing to pay 100?. into 
his Majesty's pri"\y purse. With reference to the Commissioners 
for Foreign Plantations to report whether the moneys are in his 
Majesty's disposal. 16G3, May 30. Memorandum that this petition 
was redelivered to the petitioner by an order of 1 June 3 663. 
1 p. \Col. Papers, Vol. XV., Ko. 31, p. 1-5.] 

June 1. 462. Minutes 'of the Council for Foreign Plantations. Report 
Inner Court concerning an order lately made in Barbadoes obstructing the 
proceedings at law there, drawn up by the Committee with some 
amendments, ordered to be signed by this CouncU, presented to his 
Majesty, and given to Lord Willoughby, who is suddenly going 
thither, and may sign said report if he please. Petition of Col. Guy 
Molesworth to be redelivered to him, the Council having no power 
to take cognizance of such matters. The above report concerning 
the delay of justice and legal jDroceedings in Barbadoes, and 
particularly on the merchants' complaint against a late order of the 



of Wards. 



AMERICA AND WEST INDIES. 135 



President and Coimcil there, and advising the King to reverse said 
order and forbid the like in time to come upon severe penalties. 
2 pp. [Col. Papers, Vol. XIV., Ko. 59, pp. 51, 52.] 

Jane 1. 463. The King to the Governor of Barbadoes. Complainis 

having been made of daily inconveniences through the defect of a 
sure way of intelligence, especially in Vu-ginia, New England, Jamaica, 
Barbadoes, the Caribbees, and other parts of America, the King 
has thought fit to establish within Barbadoes and the Caribbee 
Islands a public office or offices for receipt of all letters and postage 
according to the establishment in England made by Parliament, 
which said office is to be settled by the Governor, the management 
to be in the Postmaster-General of England, to whom all accounts 
are to be sent ; the Governor is required forthwith to carry out the 
same, and take care that a constant correspondence may be had 
from all parts as often as opportunity affords, and that no private 
persons be permitted to carry letters or packets upon any pretence 
whatever, such persons only excepted as are mentioned in said Act 
of Parliament of 12 Car. II., entitled An Act for erecting and 
establishing a post office, and such masters or pursers of ships who 
give good caution to said officer for the safe delivery of such letters 
and packets as they receive from said office inclosed in " males or 
bougetts," for that purpose to be provided and sealed with the .seal 
appointed by said Postmaster-General ; Daniel O'Neil, groom of the 
bedchamber, has been appointed by Letters Patent under the Great 
Seal, Postmaster-General and Master of all the King's posts and 
carriers in all his Majesty's dominions, to whose orders he is 
required strictly to conform. 4 pp. \Col. Entry Bk., Vol. XCIII, 
'Pp. 17-20.] 
June ? 464. Draught of the preceding, with corrections by Joseph 

Williamson, who has endorsed same " To the Governor of Barbadoes 
concerning the Post Office," hut v.'ithout date. 1 p. [Col. Papjers, 
Vol. XVII., Ko. 31.] 
June ? 465. Fair copy of the above, only the words Barbadoes and 

Caribbee Islands are not filled in, but a space is left blank. Un- 
dated. With marginal note by Williamson, "Postage settled in 
New England, &c." 3 2}p- [C'oL Papers, Vol. XVII., No. 32.] 
June ? 466. Another copy of the above, with a space left blank, pro- 

bably intended for a circular letter. 3 pp. [Col. Papers, Vol. 
XVII, Xo. 33.] 

June ij. 467. Protest of John Valckenburgh, Director-General of the 
Cai^tieof North coast of Africa and the Island of St. Thome, on behalf of the 
liina in°Giiinea.'^t^t<^® General and their authorised West India Compan3^ against 
Francis Selwyn, agent of the Koyal English Company trading to 
Afi-ica. It is a thing known to all the world that the Portuguese 
have against all maintained the whole coast of Guiirea as their own ; 
which by right of arms and treaties with the Crown of Portugal 
doth at present indisputably belong to our State and Company. 
Sad conquest, obtained at the expense of much treasure and blood 
ought not to be disturbed by allies ; nevertheless, Selwyn and his, 



136 COLONIAL PAPERS. 

1663. 

predecessors, against solemn protests of 24th May 1662, have en- 
croached and set up a house of trade at Tacorary (? Tacorady) under 
the protection of Chama, under which Tacorary, Saconde, and 
Abrary have always been tributary. That it was not in the power 
of the inhabitants to bring in others at Cabocors (? Cabaca), 
where the English in 1647 encouraged the vassals of the States 
General to rebellion, to their inestimable loss, which was again re- 
newed by suborned Swedes and Danes. That the English have 
openly, liy their ships Coronation, James, Charles, Castle, and 
Rupert, hindered the blocking up of Cabocors, which the Dutch 
cannot tolerate any longer without punishing both authors and 
abettors of designs, which might occasion a breach of friendship. 
Therefore the English are entreated to depart from said factories 
of Cabocors and Tacorary, in regard they are come in an unlawful 
way. But if they will not be persuaded to yield to reasonable re- 
quests, the Dutch protest against the Royal Company and all of the 
English nation trading on this coast, requiring them to remove their 
factories, and not to animate the natives of the country against 
them, or countenance disturbers of the peace living "under the 
notion of Danes." Protest further for all damages sustained by 
said trading and by the proceedings of said Coronation, James, 
Chailes, Castle, and Rupert. Huybert Van Gazeldoncq, chief 
Factor of the " General authorised West India Company at the Fort 
Nassau Tot (?) Morice " is authorised to repair to Cormantin, and to 
the Royal English Company's agent, intimate the contents of this 
protest, and deliver it duly attested and signed. Certified by H. 
Van Gazeldoncq and P. L. Cruypenninck that this pi-otest " was 
insinuated where it ought to be." Indorsed, The first protest of 
ye Dutch. 8 pp. [Col. Papers, Vol. XVIL, No. 34.] 

June 2. 468. Minutes of the Council of Jamaica. Commissary Povey 

Point Cugiia. to be satisfied out of the remaining stores for sums expended by 

him in repairing his Majesty's storehouses. Accounts presented by 

Commissary Povey signed and discharged. Justices of the peace to 

send down jjrisoners to the Government. 

Orders to the justices of tlie peace in accordance with said minute 
of Council concerning prisoners. 

Order of the Governor and Council appointing Samuel Long 
of Point Cagua, agent and overseer of the plantations of Philip 
Lecock of London, merchant, in the place of Philip Dawkins, 
deceased, to remain in possession until the debts and expenses in- 
curi-ed be paid by Lecock or his assigns. 3i JT- \_Col. Entry Bks., 
No. 37, p. 22, and Ko. 34, jp. 83-8.5.] 

June 3. 469. The King to Francis Lord Willoughliy. Whereas the States 

Wliitehuil. General have made com|)laint that some persons by pretence of 
foreign commissions take merchant ships on the coasts of America 
belonging to their subjects, and dispose of them in his Majesty's 
Plantations without legal prosecution ; and ]iarticularly that Robert 
Downman by virtue of a Portugal commission still practises such 
violences, notwithstanding a treaty of peace long since ratified 
between the King of Portugal and the States General. He is com- 



AMERICA AND WEST INDIES. 137 



1663. 

manded not to softer Downman or any of his Majesty's subjects to 
enter any port under his command with prizes, but to secure them 
till further order, and give the like directions to all Governors of his 
Majesty's Plantations in America. Ih p. [Dom. Entrtj Bl\,Chas. II., 
Vol. XIV., p. 9.] 

June 5. 470. Report of the Council for Foreign Plantations to the King, 

[Received.] concerning an order made by the Deputy Governor of Barbadoes. 
The merchants and trader.s to Barbadoes having complained of the 
delay of justice and lo^al in-, icr, 'dings for recovery of debts, parti- 
cularly of an order latrly mad. by the President and Council, there- 
on petition of a few iiulcbti'd [m rsons in three out of the 13 parishes 
into which the island is divided, by which order the judges in the 
several ju'ecincts are connnanded to adjoui'n and stay all proceedino-s 
of their infei'ior ofHcers there Avithout the consent of the Assembly 
\_8ee ante, No. 424] ; a committee of the Council waited on Lord 
Willoughby to acquaint him with said order, who declared he 
had not received any account of it from the President and Council 
of Barbadoes, but disliked the thing. After careful inquiry the 
Council find that the petitioners are but a few of the most in- 
debted persons of three out of the 13 parishes, that the President 
and several members of the Council are much indebted, that the 
ground of the petition — the dryness of the season and probable 
failure of the sugar crop in consequence — was false, as there were 
good hopes of a plentiful crop, and it was feared the President would 
delay calling the Assembly until the crop was over or until it was 
too late to execute a judgment upon it. Merchants who had obtained 
attachments were imprisoned for refusing to return goods in their 
possession. Planters generally take advantage of the order, and 
factors refuse to accoimt to their principals. Are of opinion that the 
President and Council issued the order as well to avoid paying their 
own debts as to gratify the petitioners. Merchants, owaiers, and 
masters of ships are greatly disheartened by this stop of justice. 
The order is without precedent, and of so evil consequence that if 
not immediately prevented it will be the ruin not only of Barbadoes, 
but of all other plantations in America. His Majesty is advised to 
reverse said order, and to forbid the like in future under severe 
penalties ; to permit merchants and others who have suflered, to take 
their legal remedy against the makers of said order, that ' they be 
removed from their present emplojTiient, and such further directions 
given for quickcniii- l.'-al pruercdin-s in Barbadoes and other Plan- 
tations as may br drnu,,! iin-.-.siiy. n;./,/,,/ hy Lord Windsor, 
Sir Jo. Berkeley. Sir .b.liii (, '..llrtuii, Al.-x. Ibiwe, Edward Digo-cs,' 
Edw. Walker,and Thus. Kendall. Tlir dnir, 16(12, n,, th'ix Jueumen't 
is clearhj a nustukc fur 1063. 2 />ik [Col P,/,), /•>■, 1',,/ XVII 
Xo. 3.5.] 

June ? 471. The King to [Fiancis Lord ^^'illoughby, Governor, and the 

Council of Barbadoes]. Pa:'OumuK'nds Philip Fronde, Secretary to 
his Majesty's Council for Foreign Plantations, as a iicisim particularly 
.suited by his immediate relation to his Majest\ s plantati.iiis and 
colonies to solicit and negotiate their concernments w itli the King 



138 COLONIAL PAPERS. 



his Council, and Secretaries of State, and from whom his Majesty 
shall willingly receive petitions and addresses from the island as 
occasion shall offer. Draft corrected by WilUamson , who has endorsed 
it, "When the Lord Willoughl.y goes." 1 p. [Col. Papers, Vol. XVII., 
No. 36.] 
June 5. 472. Fair copy of the preceding. [Dora. Entry Bk., Chas. II., 

Vol. X., -pp. 86, 87.] 
June 6. 473. The King to the Lord Willoughby, Govei'nor of Barbadoes. 
Duplicate of letter of 28th April 1663 to the Deputy Governor of 
Jamaica [see ante. No. 443], \\ pp. [Col. Entry Bk., Xo. 93, ^Jjx 
13, 14,rtncn6, 17. 
June 8. 474. Clement De Pleimeville to " Le Chevalier Moray a Wetall" 

Jamaica. [See. Morice, Whitehall]. Having had the honour of giving an 
account of his travels in Porto Rico and San Domingo, fears it would 
he wearisome to revert to the same, and has -wTitten, moreover, fully 
to Mons. Le Fevre. After the failm-e of the design on Tortugas, 
Captain Langford was chosen Governor of Little Goave, in Hispaniola, 
by the inhabitants, and raised the first English Royal Standard 
in that island. Sends description of that place, furnished to Sir 
Chas. Lyttelton, Governor of Jamaica ; also letter he sent to encourage 
the inhabitants of Hispaniola to serve his Majesty ; for many of 
them are discontented with their in-esent condition French, 2 pp. 
Incloses, 

474. I. AhraJutra Langford to Sergeant-Major Clement de Plenne- 
ville. Has written " severcds " of his being elected by the 
inhabitants Governor of this place; has gone through 
7)uiny difjicvUifs, specicdly since Captain Manden's 
arrivdl. "/c, ( ,,'lravours to excitethe p(n/,/, n^i^inist him. 
The Tvr/ii:liin,s are very high, and duuJjIs t/H,'r coming, 
but is resolved to sell his life at the dearest rate lie can. 
Little Goave, 1663, May 16. French, ^ p. 
474. II. Description of Little Goave, situated on the Gulf of Xarcc- 
gua. in the Isle of Hispaniola., extracted from the Memoirs 
of Clement De Plenneville. 1663, May 31. French, 3 ^Jj^. 
474. III. Copy ,>f Dr PI, nnvrUlrs Irflrrto the inhabitants of Little 
Goave in J[ ;</'"" '"/"- .A'/--' M ,/, 1663, June 1. French, Sjyp. 
[Col. Paf. rs. r,./. A 17/, A.'.<. 37, 37 i., ii., iii.] 

June 8. 475. Clement de Plenneville to Mons. Le Febvre, Professor Royal 

From your of chemistry and Apothecary in oixlinary to his Bii tannic Majesty 

t<>OTi"ofCa<Twav ^^ ^^- J^™cs', London. This is the third packet of letters sent, 

Jamaica. ' but has not been fortimate enough to receive any. Was sent by 

Lord Windsor with Capt. Stuart to Porto Rico to demand a treaty 

l1et^\-oen the Cro%vns, which was entirely refused. Procured an 

attestation concerning Prince Maurice's ship, which was cast away in 

a hurricane in 16-52, which he has given to Lord Windsor for Prince 

Robert (? Rupert). They then visited San Domingo, where they 

were received with honour ; has given a plan to Sir Chas. Lyttelton 

for his Majesty. Was then sent to reduce Tortuga to obedience, liut 

the expedition having failed through treachery, was landed at 



AMERICA AND WEST INDIES. 139 



C'oridon in Hispaniola. Incloses certificate from the officers, 
Samuel Barry and Valentine Liveret, of his own good services. 
Description of Coridon, where it was resolved Lieut.-Col. Langford 
should go to Little Goave, on the Gulf of Xaragua, while De Plenne- 
ville retiu'ned to Jamaica ; Langford has smce been elected Governor 
of Little Goave. Private and local matters relating to Jamaica. 
Describes some mines, for the working of which he desires a com- 
mission. French, 12 pp. Incloses, 

Certificate of the services of Major Clement de Plenneville 
Signed by A. Langford, Sam. Barry, and Valentine Liveret. His- 
paniola, Coridon, 1662-3, Feb. 14. [Col Paprrs, Vol. XVII., 
Kos. 38, 38 I.] 
June 10. 476. Sir John Colleton to the Duke of Albemarle. Divers 
people desire to settle in Carolina \mder the Duke's patent, but 
are hindered by the Duke of Norfolk's claim to the title grounded 
on a Patent granted by Charles I. to Sir Robert Heath in 1629, and 
by him assigned to the Duke of Norfolk's ancestors. Those who 
wish to settle in Carolina \\all not go without liberty of conscience, 
which cannot be granted them under Heath's Patent ; necessity for 
the removal of that obstacle. Incloses, 

476. I. State of the case of the Duke of Norfolk's pretensions to 

CaroHna. Grant of th(; Province to Sir Robt. Heath, from 

whom Sam. Vassall pretends he had an assignment for a 

part for a term not yet expired, and the heii-s of Sir Richard 

Greenefield [Grenville] for the remaining part, who say they 

never heard of any pretence by Mr. Howard or any of his 

ancestors until within these three months, neither has Mr. 

Howard shown any Patent or grant for the same, nor the 

articles or instructions by which he was to plant, neither 

have any of the aforesaid or their assigns planted any part 

of this Province although thirty-five years have passed 

since the grant. It is desired that his Majesty will for the 

reasons stated in the above letter resume the Patent to Sir 

Robt. Heath and all grants from it. • Together 2 pp. \Col. 

Papers, Vol. XVI I, Kos. 39, 39 i.] 

June 12. 477. Heads of a Commission to Francis Lord WiUoughby, 

appointing him Governor of the Caribbee Islands. In the hand- 

tvriting of Joseph Williamson, tuith corrections. 1 p. \Col. Papers, 

Vol. XVI I, No. 40.] 

June 12. 478. Commission to Francis Lord WiUoughby of Parham to be 

Westminster. Governor of Barbadoes and the rest of the Caribbee Islands. With 

power to choose a Council not exceeding twelve persons, who he 

may displace at pleasure; to constitute courts of judicature with 

the form of procedure and appoint judges by such titles as he shall 

think fit with reasonable fees and privileges, subject to confirmation 

by the King in Council. And because an Assembly cannot be so 

suddenly called as may be required, power is given to the Governor 

and Coimcil to make laws, not repug-nant to the laws of England. 

Power to erect forts, frc. and appoint officers ; also to grant letters 

of incorporation and to appoint markets and fairs, and jjarcel out 



140 COLONIAL PAPERS. 

1663. 

demesne lands into manors, lordships, or precincts, also to grant 
lands under certain penalties for not planting the same, and with 
the reservation of certain rents payable to the King, and to confirm 
those already granted under a public seal. To present to any 
ecclesiastical benefice ; erect ports, and as High Admiral constitute 
courts for marine causes, and control the number of shipping and 
landing of goods in such ports as he thinks fit. To erect Custom 
Houses and ajipoint and displace officers. Po-«-ers of Vice-Admiralty, 
to execute martial law, and expel by force all intruders. Authority 
to pardon or remit offences before or after sentence, except for high 
treason or wilful murdei', in which case Lord Willoughby may 
reprieve for one year only. Power to administer oaths, use a public 
seal and enrol gi'ants ; also to summon a general Assembly not 
exceeding two persons from each place, parish, town, or city to be 
elected by the freeholders and called representatives, who may make 
laws imposing penalties, imprisonment, or if need be take away life 
or member, provided said laws be transmitted for confirmation, and 
if disallowed foiihwith to cease ; a negative voice given to Lord 
A\'illoughby, with power of dissolution. Liberty to appoint deputies 
with the same jDOwers as are hereby given to himself from Christmas 
last 1662. 17 'px>. [Col Papers, Vol. XVII., No. 41.] 

June 12. 479. Another copy of the preceding commission to Lord Wil- 
loughby, dated 12 May hy mistake. 16 pp. [Col. Entry BL, Xo. 
5, ^-^j. 31-46.] 

June 12. 480. Entrv of the above. 26 pp. [Col. Entry Bk., Xo. ^'2, pp. 
67-92.] 

June 12. 481. Lettei's Patent constituting Henry Willoughb3', William 

Willoughby, Henry Hawley, and Samuel Barwicke, Governors, in 
the absence of Francis Lord Willoughby of Parham, over all the 
islands tying between ten and twenty degrees north latitude, and 
from the island of St. John de Porto Rico, eastwardly to three 
hundred and twenty-seven degrees. Parclmient, mutilated. [Col. 
Papers, Vol. XVII., Xo. 42.] 

June 13. 482. Order of the King in Council. Having heard the several pre- 
wiiitehall. teusious of the Earl of Kinnoul, Lord Willoughby of Parham, and all 
others who claim title or interest in the Caribbee Islands under any 
grants from the late King to the late Earl of Carlisle, the King 
declares that the annual profits arising from the planters and in- 
habitants of the Caribbee islands and payable to the Crown shall be 
divided into two parts, one moiety to the use of Lord Willoughby 
during remainder of lease by which same is devised to him, and after- 
wards towards the support of the Government ; the second moiety as 
follows : first, to the Earl of Marlborough an annuity of 300?., and 
at his death to his uncle William Lej^ with preference over the 
following assignments ; 500/. yearly to the Earl of Kinnoul until 
the creditoi's of the late Earl of Carlisle be fully satisfied, after 
which said Earl of Kinnoul is to have 1,000?. per annum to him 
and his heirs for ever, in consideration of tlie surrender of Patent 
granted to Lord Treasui-er Mailborough, giandfather to the jjresent 



AMERICA AND WEST INDIES. 1^=1 



Eavl, the remainder of said grant being in said Eai'l of Kinnoul 
after the debts paid ; lastly, to the creditors of said Earl of Carlisle, 
they having first agreed among themselves in what order and 
proportion the same shall be distributed, two-thirds of the principal 
money due to them as it has been adjudged them by several decrees 
in Chancery ; Avhich second moiety after satisfaction to said creditors, 
excepting 1,000?. per annum granted in perpetuity to said Earl of 
Kinnoul and his heirs, is to revert to the Cro^vn. Indoi-sdl by 
Willlinitson, " Order of Coimcil concerning the revenue of the 
Bai-badoes and the Earl Carlisle's creditors." 2 pp. [( '-//. Puperg, 
Vol. XV I I., No. 43.] 

June 13. 483. Two copies of tlie jireceding OrdtT in L'ouncil. [('ol. 
Papers, Vol XVII.. Xn... 44, 4.-..] 

June 13. 484. Entr\- of tlie a1;.ove. 3 pp. [Col. Entn/ Bk, Xo. 92, 
pp. lo-17.] 

'1(363? 485. Petition of the creditors of James, l-;t Earl of Carlisle, 

contained in a schedule annexed to an assignment of James, the 
2nd Earl, dated 29th Aug. 1649, to the King. Petitioners are in- 
formed that Lord Willoughby is shortly to go and take possession 
of the Government of the Caribbee Islands. Pray for the payment 
of their debt of 28,921?. 2.s. 10(7. out of the profits of Barbadoes and 
other the Caribbees ; and that Sir Will. Howard, Thos. Heinshaw, 
Rich. Downing, James Gould, and Sam. Baker, creditors likewise in 
the schedule, or their assigns, may be empowered to receive the 
amount and divide it proportionably among the petitioners, or that 
a day be appointed before Lord Willoughby clepart, for all the 
parties concerned to appear before his Majesty [see ante, Xos. 34- 
37]. Indorsed by Williamson, "To be presented to the King by 
your Honour when my Lord Chancellor is by, who knows the wliole 
matter." 1 p. [Col. Papers, Vol. XVII., No. 46.] 

1663 ? 486. Mr. Heinshaw's objections to the patent of the Receiver 

of i\v- Foreign Plantations. It is urged that the patent is void, and 
tliat the fee of 400/. is not to be paid out of the King's part a.ssigned 
til tlie creditors of the Earl of Carlisle, but ought to be paid by Lord 
\Villoughby, who. it may easily be suppo.sed, will avoid it ; for his 
Lordship is by his grant receiver, and is empowered to appoint 
collectors. Mr. Heinshaw on the other side, is willing this officer 
should be a check, but is unwilling to pay anything towards his 
400/. fee ; he admits that when the assignments to the creditors 
and Lord Willoughby shall be satisfied, the Receiver may then be 
a proper officer ; but lie is at present ]iroper and useful even to Mr. 
Heinshaw, and, if assisted by further ]>owers, his Majesty's interests 
cannot be so well provided for in any other vav. 2 pp. [Col. 
Papers, Vol. XVII., Xo. 47.] 

1663? 487. Brief of jiatent for erecting an office in England for the general 

receijit of revenues and profits payable to his Majesty from his 
]jlantations in America and Africa, with a fee of 400/. per ann. [see 
ante, Xo. 43-5]. With mem. of a petition that, seeing his Majestv 
hath since ordered in Council that satisfaction should be received 



142 COLONIAL PAPERS. 

1663 >. 

by the creditors of the Earl of Carlisle out of the King's revenue in 
Barbadoes, said order may not be to the prejudice of Thomas Chif- 
finch and Thomas Eosse, but that Lord Willoughby may be ap- 
pointed to pay the fee granted to them in said patent. And though 
the profits arising to his Majesty are at present diverted and not 
yet paid to the King's Receiver here, it is humbly offered that Lord 
Willoughby render account of such profits, so that his Majesty and 
his officers may know what is raised and when said debts are satis- 
fied. 1 'p- [OoL Papers, Vol. XVII., Xo. 48.] 

1G63 '. 488. Indenture between Thos. Rosse and Thos. Chaffinch of 

Westminster, and George Povey of St. Giles-in-the-Fields, by which 
Rosse and Chiffinch depute to Povey the exercise of the office of 
Receiver-General of rents, revenues, and profits due or payable from 
his Majestj^'s foreign dominions, colonies, and plantations in Africa 
and America, such office having been granted to them on April 9 
last, with a fee of 400?-. per annum \_see ante, No. 4.3o], and having 
been framed by Povey, who is very well versed in plantation affairs, 
and who agrees and covenants to pay to them a full moiety of the 
profits of the office. [Dom., Chas. II., Vol. LXXXVIIL, Xo. 85, 
Cal. p. 408.] 

16G3. 489. Instructions to Francis Lord Willoughby of Parham, Gover- 

June 16. nor of the Caribbee Islands. To repair with all convenient speed to 
Whitehall, his Government. To defend, with force if need be, the rights, privi- 
leges, and prerogatives of the Crown, and administer the oaths of 
allegiance and supremacy to aU officei's, military and civil. To take 
especial care that the Gospel be preached and propagated according 
to the doctrine of the Church of England, that Divine ser^^ce be 
decently and reverently celebrated, and the Sacraments duly admi- 
nistered ; that there be a settled provision for encouragement and 
invitation of learned and orthodox ministers, and bounds set out for 
parishes and chm'ches erected in the several islands to which he 
shall present clerks well known for loyalty, learning, and piety. 
To prevent and suppress all factions and seditions, and appoint 
judges and justices of known ability and integrity, and erect the 
necessary courts and offices. To use all prudential means to 
advance the wealth and prosperity of the King's dominions in those 
parts, and endeavour to advance both in price and goodness the 
commodities of said islands. To take special care of the revenue, 
and appoint customers, collectors, receivers, treasurers, and other 
necessary officers, erect offices, and transmit accounts at least once a 



year. 



The several islands to be well fortified and fiu-nished Avith 



ordnance, &c., officers and soldiers exercised in arms, but the charges 
not to be paid out of the moiety of the customs assigned to the 
creditors of the Earl of Carlisle. To keep good intelligence and 
correspondence with the Governors of the American plantations. 
Power to treat with the natives, especially those of St. Vincent 
and Dominica, or if injurious or coutumacious, to persecute them 
with fire and sword. To inform himself of the condition and 
strength of foreign plantations, particularly of those of the King of 
Spain. Power to grant land under his o\na conditions and reserva- 



AJIERICA AND WEST INDIES. 143 



1663. 

tion.s, such grants to be binding on the King, his heirs and succes- 
sors, jirovided not more than 10 acres be granted to any Christian 
servant who within the space of two years settles there, or more 
than 50 acres on any desolate or Indian island, but with reservation 
of rents, &c. now payable to the King. To put in execution an Act 
of Parliament for the encoiu^agement and increase of shipping and 
navigation, but with certain modifications as to trade with the 
Spaniards for pearls, gold, silver, or any other rich commodity in 
exchange for slaves or other commodities Avhich shall have been 
imported in English bottoms ; but not to part with native com- 
modities, as ginger, sugar, indigo, tobacco, or dyeing wood, in all 
which he is to govern himself by the warrant of 13th March 1663 
[.*ff ante, Ko. 426]. To recommend to the consideration of the 
Assenilily a price to be agreed on for sugars, upon which the King- 
will recommend it in such a manner to a body of good and sub- 
stantial merchants, that the whole growth of sugars will be con- 
stantly taken. Power to receive duties on shipping and goods 
aiTiving in his Government, a yearly account of which is to be sent 
to the High Treasurer. To use his best endeavours for the advance- 
ment of the King's dignity and the peace and welfare of his subjects. 
With power to keep private any of these instructions. Qh pp. {Col. 
Papers, Vol. XVII., No. 49.] 

June 16, 490. Entiy of the preceding instructions to Lord Willoughby, 
but there are several mistakes, and the number of acres to be granted 
to every Christian servant is left blank. 11 'pp>. [Col. Entry Bk., 
No. n,2yp. 19-29.] 

June. 491. Another coj^yof the above, dated 17th June 1663. 11 pp. 

\Col. Entry Bk., No. 93, p^j. 20-31.] 

1663 ? 492. Memorandmn of letters, &c. with which Lord Willoughby 

is to be provided previous to his despatch to Barbadoes. Among 
them is a cipher, a seal for the island, the letter about the Post 
Othce, [see ante, No. 463], and his own commission and instructions. 
In WiUiamson's hand. 1 p. [Col. Papers, Vol. XVII., No. 50.] 

June ? 493. Petition of Jolm Scott, John Winthrop, Simon Bradstreet, 

Daniel Denison, Josiah Winslow, Thos. Willet, and Eichard Lord to 
the King. That they with many others purchased lands of the 
natives in the Narragansett countiy in New England, and were 
quietly seized of the same some years, and have in many places 
built and planted upon said lands, but this last year, 1662, many 
turbulent spirited fanatics, inhabitants of Rhode Island, have 
disturbed petitioners by cutting down their houses in the night, and 
in many other unheard of ways. Pray for the King's letter to the 
Massachusetts and Connecticut, or what other way his Majesty shall 
think fit. 1 p. [Col. Papers, Vol. XVII., No. 51.] 

June 21. 494. The King to the Governors and assistants of the Massa- 
Whitehali. chusetts, Plymouth, New Haven, and Connecticut colonies. Thos. 
Chiffinch, John Scott, John Winthroji, Daniel Denison, Simon Brad- 
street, Thos. Willet, Richard Smith, Edward Hutchinson, Amos 



144 COLONIAL PAPERS. 



Riclieson [Richardson], John Alcock, William Hudson, and their 
associates having in the right of Major Atlierton a just propriety in 
the Narragansett country in New England, by grant from the native 
princes of that country, and desirous to improve it into an English 
Colony and Plantation, but yet are unjustly molested by unreason- 
able and turliulent spirits of Providence Colony in New England ; 
recommends said projDrietors to their neighbourly kindness and pro- 
tection, who are to be permitted peaceably to improve their colony, 
and that they he on all occasions assisting to them against such 
unjust oppressions and molestations. 1^ pp. [Col. Entry Bl\, Vol, 
LX.,pp. 2-2, 2-3, also Dom. Entry BL, Chus. II., Vol. X, 2^p- 90-91.] 
June 2L 495. Another copy of the preceding letter, certified by EJiuard 
Whitehall. Ii>nA:..rn. Secretary of the Massachusetts. 1 /). [Col. Pa/)ers, Vol. 

XVII, Xo. 52.] 
[June 21.] 496. Draught of the above with corrections in the handwriting 
of Williamson.'' 1 p. [Cul. Pollers, Vol. XVII., Xo. .53.] 

June ? 497. The King to the Governors, ^^c. of the Massachusetts, Con- 

necticut, anil Plymouth, in New England. To aid and assist Thos. 
Chiftinch and the others named in the preceding letter in the peace- ■ 
able enjoyment of the Narragansett country, according to their 
grants from the native princes, originally granted to Major Athei'ton, 
but who, notwithstanding their lawful purchase, are daily disturbed 
and obstructed from enlarging our Empire in the said New England 
by unreasonable and turbulent spirited people of Providence Colony, 
which the King expects should be repaired by a due administration 
of justice, which .shall by his Majesty be accounted as an acceptable 
])iece of service. Draught. 1 p. [Col, Papers, Vol. XVII. , Xo. oi.] 

June 22. 498. Warrant for a grant to Francis Lord Willoughby and 
Lawrence Hyde, second son of the Earl of Clarendon, of the sole 
use and benefits for 14 years in the Barbadoes and Caribbee Islands, 
of the sugar-mill invented by David de Mercato, who by his long 
I'esidence in the West Indies, with much studj', charge, and expense, 
hath attained to the perfection of making and framing of sugar- 
mills after a new manner. Signed by the King and countersigned 
by Sec. Ben-net. 2 pp. [Col. Papers, Vol. XVII. , Xo. .5.5.] 

June 22. 499. Copy of preceding. [Dorn.,Chas.II., Vol. LXXV., Xo.lO'i, 

Cal.,p. 17S.] 

June 2-i. 500. Minute of the Privy Council. A letter explaining a late 
Whitchull. Act of Parliament, entitled An Act for encouraging and increasing 
Shipping and Na\iuatioii, tu the (nAcninrs of Virginia, Maryland, 
Barbadoes, St. rini^tojilK rs, Xrvi-. Mnm-^m^it, .\iitigua, Surinam, 
Jamaica, and New l-2nglanil, was signed liy tlir Lui'd ( 'liancellor and 
fourteen other members of the Council. 4 prp. [Col. Entry Bl:, 
Vol. IX., pp. 11-1.5.] 

June ? 501. The " lettei- to the Governors of Plantations about the Acts 

of Navigation." Draft with corrections by WilUarn..<ion, indorsed 
as above. 1 p. Thislettter ivas signed by the King 2oth August, 
see Xo. .539. [Col. Papers, Vol. XVIL, Xo. -50.] 



a:merica and west indies. 



145 



June 25. 502. Daniel Gookin [to Ferdinando Gorges. His father was 
Cambridge, intimately acquainted with Sir Ferdinando Gorges, and interested 
New England. ^j^|^ j^j^^^ j^ j^j^ j^e^ England affairs, as some writings m Gookin s 
possession evince. Has resided in New England near 20 years, and 
a good part of that time employed in public affairs, so has had no 
opportunity to understand some things relating to his claim to the 
Province of Maine or the claim by the jurisdiction of Massachusetts. 
Conceives it is not unknown to him how the body of the people 
in that Province, several years since, being wearied with anarchy 
among themselves, made their earnest application to the jurisdic- 
tion of the Bay for protection and government, and accordmgiy 
were accepted lipon articles submitting and sweaiing fidelity to the 
.same, which agreement was to continue inviolable until the supreme 
power in England released them. After this the line of the Massa- 
chusetts Patent to the N.E. took in, according to the judgment of 
good artists therein employed, the greatest part of all his Province, 
under which settlement these parts have remained in a quiet pos- 
ture sundry years, but of late have been interrupted upon pretence 
of commission from himself, which has tended much to the disturb- 
ance of the peace and good government of that place, and ho 
believes has brought but little ].rofit to himself. The body of the 
people in conscience to their oath and articles stiU adhere to the 
Government of the Bay, and Gorges does not appear to have 
strength and interest enough to compose and satisfy them. The 
jurisdiction of Massachusetts has not been forward to enter into a 
contest with him, finding it diflicult to rule weU a remote and 
divided people. Commissioners have been once and again sent, and 
compositions made with his, but as frequenuly broken upon pretence 
of his authority. It is probable he will hear with great aggrava- 
tions that Jordan is secured only to preserve public peace, for some 
men are impatient of any power that will bridle their lusts and 
disorders. Urges him to consult his own interests by making some 
honourable composition with the jurisdiction of Massachusetts for 
his claim, which he believes they will comply with rather than 
engage in a contest with him and give him a [considerable] sum of 
money. Indorsed, " A letter from "Mr. Gookin, an eminent minister 
among the Bostoners, advising some honourable composition with 
them who will allow his propriety in any lands or possessions and 
a considerable sum of money, if he shall remit government and 
jurisdictions." 2 j)p- C*^^^- -f'"i'crs, Vol. XVII., No. 57.] 

June 2(). 503. The King's bill containing grant of a charter to Rhode 
Island and Providence Plantations. In this document blanks, as if 
for Christian names, are left before the two names " Rainsborroiu" 
and " Williams," in the list of grantees. Indorsed, " Charles R. 
Our will and pleasure is that this pass by immediate warrant. 
Entred at the Signett, 7" July 1603." The Patent under the Great 
Seal is dated 8th Jidij 1663, see No. 512. [Privy Seah, 15 Chas. 11, 
No. .360.] 
Juno 27. 504. Warrant to [the Attorney-General]. To prepare a bill for 
the Royal signature to pass the Privy Seal, authorising the Treasurer 



M605. 



K 



146 COLONIAL PAPERS. 

1G63. 

of the Exchequer out of such moneys as shall arise out of the farm 
of the Customs to pay to Thomas Holder, Esq., Treasurer of the 
Royal African Company, or his assigns, the sum of 5,2001., being the 
remainder of his Majesty's subscription to said Company, and also 
the sum of 400?., being the subscription of her Majesty the Queen, 
without accoimt or imprest for the same, i -p. [Dom. Entry Bk., 
Chas. II., Vol XV., p. 74.] 

[June 27.] 505. Petition of Sir Robt. Killigrew, gentleman of the Privy 
Chamber, to the King. That King Charles I. by Letters Patent 
granted to Sir Robt. Killigrew and Henry Woodhouse, the peti- 
tioner's grandfather and uncle, the government of the Bermudas, but 
were hindered by the late rebellion from enjoying the benefit thereof 
Prays to be appointed Governor of those islands, for which he will 
maintain one of the King's frigates their at his own cost, and not 
require any salary, &c. With reference by Sec. Beimet to the 
Council for Foreign Plantations, who are directed to certify what 
they conceive fit to be done thereupon. 1 p. [C'oL Papers, 
Vol XVII., No. 58.] 

1663 ? 506. Petition of Sir Robt. Killigrew to the King. His Majesty 

having upon his former petition granted to him the government of 
the Bermudas, if he could make it appear in the King's gift, prays 
that the Commissioners for Foi'eigTi Plantations may be ordered to 
hear his allegations and proofs, and report their opinion thereon ; 
and if the same shall be so made appeal', that then the King will 
appoint him Governor. 1 jx [Col Papxrs, Vol XVII., No. 59.] 

1663. 507. Extracts of letters from Cormantin and other places in 

June to Africa. June. The Dutch give daily great presents to the King of 
Sept. Futton and his " capeshiers " to exclude their Honours [the Royal 
Guinea Coast. African Company] from the trade, and to the King of Fantyn and 
his capeshiers, to make war on the English castle of Cormantin, 
sa;ying if they could but get that place never Englishman more 
should have trading upon that coast. Had not Capt. Stokes arrived, 
it's much to be feared the Flemish flag had been on Coi-mantin, as it 
is now on the castle at Cape Corso. The Dutch prevailed on the 
King of Aguina treacherously to lay hold on John Cabessa, who 
was a great defence to Cormantin, and on the 28th May to plunder 
the house at Wiamba. Sept. From Capt. Stokes at Annashan. The 
English got a treaty with them of Futton in spite of the Dutch, 
and four hostages that they should build a castle there, but the 
Dutch would not suffer them to land. From Capt. Stewart at Ai-dra. 
The Dutch told the King of Ardra that they had conquered the 
Portugals, the potentest nation that ever was in those countries, and 
turned out the Dane and Swede, and in a short time should do the 
same to the English, and by these discourses hindered the Companj-'s 
factors from trade. From the Council of Factors at Cormantin. 
The Dutch have given bribes to the King of Cabessaland, who 
seized some goods going from hence, and killed the negroes that 
bought them. Have settled two Englishmen at Commenda, where 
the King sent two hostages, one his own son ; but the Dutch have 



AMERICA AND WEST INDIES. 147 



1663. 

a great ship before the place, firing at all canoes that pass in or out. 
Aug. From Mr. Brett, factor at Commenda. Came to the place on 
the°21st, and the Dutch man-of-war told them they must not go 
ashore ; in two days more the Amsterdam came from Castle de Myne, 
and sent two men on board to see if they belonged to the Royal 
Company, pretending if they had been interlopers that they (the 
Dutch) had power to take them. Next day the Dutch manned out 
three long boats, and continued firing at all canoes that would have 
traded with the English, and those canoes that were made fast to 
the English ship the Dutch cut from the ship's side, which one of 
the seamen endeavouring to prevent, a Dutchman cut him in the 
leg. So the English ship weighed anchor, the long boat's men 
" giving us such base language as was not to be endured." Indorsed, 
An extract of letters. Royal Company. 2^ pp. [Col. Papers, 
Vol XVII.. Xo. 60.] 

July 3. 508. Warrant to pay .^200/. and 400/. out of the farm of ^ the 

Customs to Thomas Holder, Treasurer of the Royal African Com- 
pany, being his Majesty and the Queen's remaining subscription. 
Indorsed, 3 July 1663. [Dora., Chas. II., Docquct] 

July 3. 509. Petition of Henry Janson to the King. ^ Having at great 

Whitehall, expense endeavoured to make clear his Majesty's right encroached 
upon, belonging to the Barbadoes, prays that those i^lanters to whom 
his Majesty has conferred the right before granted to petitioner may 
make reparation of his great loss. With reference to the Lord 
Treasurer. See also Xo. oil. \ p. [Dora. Eatnj Bl:, Chas. II., 
Vol.XIIL,p. 321.], 

July 6. 510. Minutes of the Council for Foreign Plantations. Upon 

Inner Court of complaint of Capt. Scott that the Dutch have of late years unjustly 
'^^'""'''- intruded on the mainland of New England and some islands adjacent, 
particularly Manhatoes and Long Island, and do not give obedience 
to the laws of this kingdom, and on reading Lord Sterling's petition 
to the King and hearing the attestations of divers persons now 
present, ordered that Capt. Scott and Messrs Maverick and Baxter 
draw np a brief narrative — 1st, of the King's title ; 2nd, of the 
Dutch intrusion ; Srdly, of their strength, trade, and government 
there ; and, lastly, of the means to make them submit to the King's 
Government or to expel them. Printed in Xew York Documents, 
III., 46. i p. [Col. Papers, Vol. XIV., Xo. 59, p. 53.] 
[July G] 511. Petition of Henry Janson, Doctor of Laws, to the King. 
Sets forth the great expense incurred by him and his friends m 
supporting his Majesty's right to the waste lands and encroachments 
about Barbadoes. Has surrendered the lands granted to him in 
order to save his Majesty from the importunity of the planters. 
Prays that some reparation may be made him for charges and losses 
incurred by him for that service to about 500?. Annexed. 

511.1. Reference fi-om Sec. Sir Hemy Berniet to the Lord High 
Treasurer for his report to the King. Whitehall, 1663, 
July 6. n 'pp. [Col. Papers, Vol. XVII., Xo. 61.] 

K 2 



148 



COLONIAL PAPERS. 



1663. 

[July 8.] 512. Charter of Rhode I.sland and Providence Plantations. 
Whereas his Majesty has been informed hy the petition of John 
Clarke, on behalf of Benjamin [Benedict] Arnold, William Brenton, 
William Coddington, Nicholas Easton, AVilliam Boulston, John Poiter, 
John Smith, Samuel Gorton, John Weekes, Roger Williams, Thomas 
Olney, Gregorie Dexter, John" Cogeshall, Joseph Clarke, Randall 
Holden, John Greene, John Roome, Samuel Wildbore, William 
Feild, James Barker, Richard Tew, Thomas Harris, and William 
Dyre, and the rest of the purchasers and free inhabitants of the 
island called Rhode Island, and the rest of the colony of Providence 
Plantations in Narragansett Bay in New England, That they, pur- 
suing with loyal minds their serious intentions of godly edifying 
themselves in the holy Christian faith as they were ]iersuaded, toge- 
ther with the conversion of the Indian natives, did not only with 
the encouragement of his Majesty's progenitors transport themselves 
into America, but not being able to bear in those parts their 
different apjjrehensions in religious concernments again left their 
desirable habitations, and transplanted themselves into the midst 
of the most potent Indian people of that coimtry, where (by the 
good Providence of God, from whom the plantations have taken 
their name), they have not only been preserved to admiration, but 
have prospered and become possessed by purchase from the natives 
of lands, rivers, harbours, Szc, very convenient for plantations, ship 
building, supply of pipe-staves, and commerce with his Majesty's 
southern plantations, and by their friendly society with the great 
body of the Narragansett Indians have given them encouragement 
to subject themselves to his Majesty. And whereas they have 
declared that it is much on their heai-ts to hold forth a lively expe- 
riment that a flourishing civil state maj' best be maintained among 
his Majesty's subjects with full i-eligious liberty, and that true piety 
will give the greatest security for sovereignty and true loyalty, 
His Majesty, willing to preserve to them that liberty in the worship 
of God which they have sought with so much travail and loyal 
subjection, and because some of them cannot conform to the liturgy, 
ceremonies, and articles of the Church of England, and hoping that 
the same, by reason of distance, maj^ be no breach of the uniformity 
established in this nation, hereby grants and declares that no person 
within the said colony shall hereafter be any wise molested or 
called in question for any difference in opinion in matters of religion 
that does not disturb the civil peace of the colony, and that they 
shall enjoy the benefit of his Majesty's late Act of Indenmity and 
free pardon. And his Majesty constitutes the said William Brenton, 
William Coddington, Nicholas Easton, Benedict Arnold, William 
Boulston, John Porter, Samuel Gorton, John Smith, John Weekes, 
Roger Williams, Thomas Olney, Gregory Dexter, John Cogeshall, 
Joseph Clarke, Randall Holden, John Greene, John Roome, William 
Dyre, Samuel Wildbore, Richard Te\v, William Feild, Thomas Harris, 
James Barker, Rainsborrow WiUiams, and John Nickson, and 
all others admitted free of the Company, to be for ever a body cor- 
porate and politic, by the name of the Governor and Company of the 
English Colony of Rhode Island and Providence Plantations in New 



1663. 



AMERICA AND WEST INDIES. 149 



England, with perpetual succession, a common seal, and all the 
usual powers of other corporations in England, with power to elect 
a Governor, Deputy Governor, and 10 assistants, out of the freemen. 
Benedict Arnold to be the first Governor ; William Brenton, Deputy 
Governor; and WiUiam Boulston, John Porter, Roger Williams, 
Thomas Olney, John Smith, John Greene, John Cogeshall, James 
Barker, William Feild, and Joseph Clarke, assistants, to continue in 
office until the first Wednesday in May next. And every year, on 
the first Wednesday in May and last Wednesday in October, or 
oftener if requisite, the assistants and such freemen, not exceeding 
six for Newport, four each for Providence, Portsmouth, and War- 
wick, and two for each other place or town, elected by the major 
part of the freemen, to have a General Assembly, and the major part, 
of whom the Governor or Deputy Governor and six of the assistants 
to be seven, shall have power to admit persons to be free of the 
Company, to appoint officers, grant Commissions, make and repeal 
laws, &c., so as they be not repugnant to those of England, settle 
courts of jurisdiction, appoint forms of oaths, regulate the manner 
of elections to places of trust, prescribe the bounds, &c. of towns or 
cities, impose and remit punishments according to the course of 
other corporations in England, and so dispose of all things, and 
particularly that which relates to making purchases of the Inchans, 
that they may win the Indians to the knowledge of the only true 
God and Saviour of mankind. And yearly on the said Wednesday 
in May, at Newport or elsewhere, if urgent occasion require, the 
Governor, Deputy Governor, assistants, and other officers, to be 
newly chosen by the greater part of the Company present, or others 
in then- stead ; provided that aU officers give their solemn engage- 
ment by oath or otherwise for the faithful performance of their 
duties, viz. : said Benedict Arnold before said William Brenton or 
any two of the assistants ; said William Brenton before said Bene- 
dict Arnold or any two of the assistants ; and said assistants before 
said Benedict Arnold and William Brenton or either of them ; with 
power to the Governor or Deputy Governor, and major part of the 
assistants, when the General Assembly is not sitting, to appoint 
military officers, asssemble the inhabitants in martial array for 
defence, and to resist and destroy all that shall attempt inva.sion or 
annoyance, exercise martial law, and invade and destroy the Indians 
or other enemies of the colony. But it shall not be lawful for said 
colony to invade the natives within the bounds of other colonies 
without the consent of said colonies, nor for other colonies to 
invade the natives or other inhabitants within the bounds hereafter 
mentioned (they being taken into his Majesty's special protection), 
without the consent of the Governor and Company of said colony, 
but not to do any unlawful hostility against any of his Majesty's 
subjects or those in amity with him. Provided that these presents 
.shall not hinder any of" his Majesty's subjects from fishing on the 
coast of New England, or from building on the waste lands of the 
colony wharves, stages, &c. for salting, drying, and keeping their 
fish. And for the encouragement of the inhabitants in taking 
whales, it shall be lawful for them, having struck whale, dubertus, 



150 , COLONIAL PAPERS. 

16G3. 

or other great fish, to pursue and kill it on any shore of the colony, 
making no wilful spoil thereon. And his Majesty will from time to 
time give all fitting encouragement to the planting of vineyards 
(with which the soil and climate seem to concur) and discovery of 
fishing banks. Also power to all free of the Company or trading 
thither to transport his Majesty's subjects and strangers (except 
those restrained by his Majesty) and goods not prohibited by law, 
paying customs for the same. All his Majesty's subjects now in 
said colony and their children born there to enjoy the liberties of 
natural subjects. And his Majesty grants to said Governor and 
Company all that part of New England containing the Nahantick 
and Nanhygansett ats Narragansett -Bay and countries and parts 
adjacent, bounded on the west or westerly to the middle or channel 
of a river there commonly called Pawcatuck als Pawcawtuck river, 
and along the middle stream thereof up into the North Country to 
the head thereof, and thence liy a straight line due north until it 
meets with the south line of r\Iassnclinsrtts Colony, and on the north 
by the .said south line of tlir Ma-sal msetts Colony, and extending 
towards the east, three Engli^Ii miks to the east and north-east of 
the most eastern and north-eastern parts of Narragansett Bay, as 
the bay extends from the ocean, on the south to the mouth of the 
river, which runs towards the town of Providence, and then along 
the easterly bank of the said river (higher called Seacunck River), 
up to Pawtuckett Falls, being the most westwardly line of Plymouth 
Colony, and so from the said falls in a straght line due north, until 
it meet the aforesaid Ime of the Massachusetts Colony, and boimded 
on the south by the ocean, and in particular the lands belonging to 
the town of Providence, Pawtuxett, Warwick, Misquammacok ats 
Pawcatuck, and the rest on the main land in the tract aforesaid ; 
together with Ehode Island, Block Island, and all the rest of the 
islands and banks in the Naragansett Bay, and bordering on the 
coast of the tract aforesaid (Fisher's Island only excepted), with all 
lands, ports, waters, fishings, mines, minerals, woods, privileges, and 
jurisdictions within the same. To hold the same of his Majesty, 
his heirs and successors, as of the manor of East Greenwich, in free 
and common soccage, paying one fifth pai-t of all gold and silver ore, 
any clause in a late grant to the Governor and Company of Connec- 
ticut Colony to the contrary notwithstanding, the aforesaid Paw- 
catuck river having been yielded after much debate for the bounds 
between said colonies by the agents thereof, who have agreed that 
said river shall be also called Narragansett river, and be deemed 
to be the Narragansett river mentioned in his Majesty's late grant 
to Connecticut Colony, as the easterly bounds of that colony. And 
it shall be lawful for said colony to make appeals to his Majesty, 
&c. in all public controversies (with other colonies ?), and for the 
inhabitants freely to pass through and hold commerce with the 
inhabitants of other English colonies willing to admit them. These 
presents to be construed most favom-ably for said Governor and 
Company. 7 onembs. [Pat. Roll, 15 Chas. II., paH 15, No. 3.]; 
July 8. 513. The Charter of Rhode Island. Indorsed. Taken from a 

AVeetminsttr. copy lent by Mr. Brenton, Nov, 1690. With alterations and the 



AMERICA AND WEST INDIES. 151 



addition at the end of several lines, together vAth the date, ivhich 
does not appear on the above enrollment of tliis Charter. 20 pjp. 
[Col. Papers, Vol. XVIL, ^''o. 62.] 

July S. 514. Warrant to the Attorney-General to prepare a bill to pass 

Whitehall, the Great Seal granting to John Collins and his assigns the moiety of 
the profits of the Island of Barbudo, or Barbuda, one of the Carib- 
bees, lying in 17-|° N. lat., about eight or ten leagues from Antigua, 
three leagues in length and one in lireadth, -which is inhabited only 
by cannibals, for seven years from ilichaeluias last, the other moiety 
having been granted to Lonl Willdu-hliy ■. also a further gTant to 
said Collins and his assigns of said island and the profits thereof 
for fifty years after said term of seven years, on payment of the 
yearly sum of 33s. id. to the King and his successors. Signed by 
the King and countersigned by Sec. Sir Henry Bennet, but with 
erasures and additions. 1 p. [Col. Papers, Vol. XVIL, Xo. 03.] 

July 8. 515. Copy of preceding warrant. 1 p. [Col Pttpers, Vol. XVIL, 

Whitehall. Xo. G4.] 

Julv 8. 516. Entry of the above. 1 p. [Dom. Entry Bk., Chas. II., 

Whitkaii. Vol.XV.,pp'.OC>. 97.] 

1GG3 '. 517. Petition of Will, (.su-) Collins to the King. Having received 

a grant fr-om his Majesty for one half of the profits of the island of 
Barbuda, of wliich the petitioner is Governor, by commission from 
Lord Willoughliy, prays for license to transport out of Ireland twelve 
hundred hides and a thoiLsand dozen of shi;(_-]iskius, the island being- 
altogether improvided with English inhabitants and almost all sorts 
of conveniences. 1 p. [Col. Papers, Vvl. Xl'II, Xo. 6-5.] 

10G3. 518. Minutes of the Council of Jamaica. That creditors of sums 

July 18. not exceeding forty shillings shall have recom'se to any justice of 

Poiiit C'agua. quorum, who is hereby empowered to give relief to the creditor as 

amply as if brought into any court of judicature. [Col. Entry Bk:, 

Xo. 37, j^ 22.] 

Aug. 1. 519. Petition of Samuel Mavericke [to the King]. Has lived 

Whitehall, many years in New England, and with many others .suffered great 
wrongs from those who have the rule. Prays his Majesty to take 
order for rectifying said abuses. With reference to the Council of 
Foreign Plantations. ^ p. [Bom. Entry Bk., Ghas. II., Vol. XIIL, 
p. .335.] 

Aug. 3. 520. The King to the Governor and Council of Virginia. Recites 

the patent granted in the first year of his Majesty's reign to Henry 
Lord Jermyn, now Earl of St. Albans, Ralph Lord Hopton, John 
Lord Berkeley, Baron of Stratton, Sir Wm. Morton, serjeant-at-law, 
and others, of a tract of land within the heads of Rapahannock and 
Patowomac rivers and all islands within the banks of said rivers, 
which by reason of the late unhappy and unsettled times they could 
not plant or enjoy ; the demise of said Patent to Sir Humphrey 
Hooke, John Fitzherbert, and Robt. Vicaredge ; and his Majesty's 
letter of 5th Dec. last to the Governor and Council of Virginia to be 



152 



COLONIAL PAPERS. 



16(13. 



Aug. 3. 
Aug. ?. 

Aug. 4. 



Aug. 11. 
Point Cagua. 



Aug. 12. 

Whitehall. 



Shaftesbury 
Papcr.s. 



1663? 

Shaftesbury 
Papers. 



4 pp. [Col. Entnj 



aiding and assisting in settling said plantation and receiving the 
rents, issues, and profits thereof, [see ante, Xo. 391.] Is induced to 
believe that said letters have miscarried, as they have lately ob- 
structed the proceedings upon said Letters Patent, so they are com- 
manded on sight hereof not only to forbear any further interruption, 
but to restore said Letters Patent to those employed by Sir 
Humphrey Hooke and the other lessees, which the King is inlormed 
they detain, and to assist and protect them in carrying on that 
work. Signed by the Iving and countersigired by Sec. Sir Henry 
Bennet. 3 pp. [Col. Papers, Vol. XVII. Xo. 66.] 

521. Draft of the preceding, with corrections by Williamson. 
3 pp. [Col. Papers, Vol. XVII., Xo. 67.] 

522. Entry of the above with the marginal note " enforcement 
of a former letter to the Governor of Virginia.'' ' ~ 
M-., Vol. XCIIL, pp. 32-3.5.] 

523. Warrant to [the Governor of Newgate ?]. On petition of 
Richard Miller, prisoner in Newgate, pardoned on condition of 
transportation, to detain Miller in gaol till he can find sureties 
before Alderman Sir Thos. Adams for his transportation to Jamaica, 
see Xo. .5.51. | p. [Dom. Entry Bk., Chas. II., Vol. XV., p. 145.] 

524. Minute of the Council of Jamaica. Letters read from the 
King and Sir Henry Bennet, forbidding any further attempts on 
the Spaniard, in pursuance of which all private ships of war are to 
be called in forthwith. [Col. Entry Bk., Xo. 37, p>. 22.] 

525. Order of the Privy Council. The King having taken into 
consideration the present condition of the Province of Carolina and 
his grant of the same to the Lord High Chancellor (Clarendon), 
George Duke of Albemarle, William Lord Craven, John Lord Berkeley, 
Anthony Lord Ashley, Chancellor of the Exchequer, Sir George 
Carteret, Vice-Chamberlain, Sir Wilham Berkeley and Sir John 
Colleton, Knts, the Attorney-General is directed forthwith to proceed 
either by inquisition or by scire facias in the revoking of all former 
Letters Patents and grants of the said Province, and it is ordered that 
the Lord Chancellor and the other patentees proceed in the planting 
of said Province, and that no grant of any Foreign Plantation 
shall pass the Great Seal in future without a clause that if within 
a cei'tain numbei- of years no plantation be made the said grant 
shall become void. Signed by Clarendon C, Albemarle, T. South- 
ami)ton, and 12 others. [Shafteshury Papers, Section IX., Xo. 2.] 

526. Copy of the preceding. [Col. Entry Bk, Xo. 20, p). 15.] 

527. The Great Seal of the Lords Proprietors of Carolina, with 
the inscription Magnum Sigillum Carolina; Bominorum, and the 
motto Bomitus cultorihus orbis. On the reverse are the coats of 
arms of the eight Lords Proprietors named in the preceding Order 
in Council. Tv:o separate seals, being hnpyressions in red wax 
of the obverse and reverse, slightly imperfect. [Shaftesbury Papers, 
Section IX., Xo. 105.] 



AMERICA AND WEST INDIES. 153 

1663. 
Aug. 12. 528. Proposals of several gentlemen of Barbadoes. Sensible ot 
the great loss that might redound to the nation, by the evil reports 
of those sent from New England to settle at Cape Fear, they have 
iigain sent Wm. Hinton, with his ship Adventure, for discovery of 
the coast southward fi-om Cape Fear as far as 31° N. lat., in which 
design are above 200 gentleman of good quality in this island. 
They desire the noble undertakers to send an exemplification of 
the Charter of Carolina ; and to empower them to purchase of the 
natives such lands as they shall find fit for their accommodation, not 
exceeding 1 ,000 square miles, to be granted to them and their heirs and 
assigns for ever, in the form of a corporation or county, to be called 
the Corporation of the Barbadoes Adventurers, with the same 
privileges as is granted to them by his Majesty. Desire to know as 
soon as may be if any other rents or services be I'equired, for there are 
many hunckeds of noble families and well experienced planters, that 
are ready to remove speedily thither, with negroes and servants. 
And as many of their number are fit to manage the government of 
so considerable a corjioration they expect to have the sole power of 
electing all delegates, governors, and officers, and making laws and 
governing themselves, accoixliug to the charter from his Majesty. 
They also desire a proclamation may be procured from the King to 
all Governors in these Plantations, not to hinder any fi-ee and 
unengaged persons from going thither ; and they intend by their 
next to send a list of such persons as have already subscribed, and 
are of the Committee by them chosen to manage affairs. 1 h -pp. 
[Col. Entry Bk., No. 20, 2)p. 10, 11.] 

Aug. 12. 529. Tho. Modyfordand Peter Colleton to [Duke of Albemarle.] 
Advise that he will appoint some persons to treat on the above 
proposals, and bring them to accept of byelaws only instead of 
general laws, and that the Governors they mean to choose should be 
only such as in the city of Exon, viz., mayors, aldermen, sherifts, 
constables, and the like, which he conceives may satisfy them. [Cul. 
Entry Bk:, No. 20, p. 11.] 

1663? 530. Statement of Sir Chas. Lyttelton's case. That on the return 

of Lord Windsor he was left Governor of Jamaica, without any 
allowance, and in consequence, notwithstanding some small advan- 
tage from prizes, at the date of his last letters, April 2nd, he had 
contracted a debt of 500?. for completing the fort and satisfying 
other charges of Government. Plis household expense also as 
Governor is very unsuitable to his small estate, his table alone 
costing at the rate of 600/. per annum, while since Lord Windsor's 
arrival the perquisites of the Governor amount not to 1.50?. He 
therefore requests some annual salary, and in the event of the recall 
of his commission such prize money as he .shall be accountable for, 
not exceeding 1,000/., seeing that he is in the place of one to whom 
his Majesty allowed 2,000/. per annum. Indorsed, Sir Chas 
Littelton, 1,000/. 1 2J. [Col. Papers, Vol. XVII., Fa. 68.] 

16(io. 531. Warrant to the Attorney-General. To prepare a bill for 

Aug. 1.5. the Royal signature to pass the Privy Seal, authorising Sir Charles 



154 COLONIAL PAPERS. 

16C3. 

Lyttelton, Knt., Deputy Governor of Jamaica, to retain 1,000?. for 
his own use towards defraying the charges of his office out of 
prizes and prize goods. 14- pp. [Dom. Entry Bk., Chas. II. Vol XV.. 
pp. 164, 165.] 

Aug. ? 532. Draft of the preceding warrant, with corrections in the 

handwriting of Williamson. 1 p. [Col. Papers, Vol. XVII., 
No. CO.] 

Aug. 1.5. 533. Warrant to the Sheriff of Radnor. Whereas Mathew 
Mathews and Thomas Jones stand convicted., the first for clipping 
and coining, the other for stealing cattle, and whereas his Majesty 
is informed that they being strong 'of body it might be for the ad- 
vantage of the public to suffer them to be transported, his Majesty's 
pleasure is that he forthwith deliver them to Sir Richard Lloyd to 
be transported to Foreign Plantations, they being -wiDing to be so 
transported, i 2^- [-^ow Entry Bh, Chas. II., Vol. XV., p. 16-5.] 

Aug. 1 8. 534. Minutes of the Council of Barbadoes. Present, Francis Lord 
Willoughby of Parham, Governor, Sir Robert Harley, Cols. Thos. 
EUice, Edmund Reid, Hump. Walrond, Jas. Browne, John Yea- 
mans, and Wm. Kirton. The oath of allegiance to the King, and 
to be true and faithful to the Governor, administered by Lord Wil- 
loughby to each of the Councillors. Ordered that summons issue 
forth for a meeting of the Assembly on Tuesday nest. 1^ pip- l^''^^- 
Entry Bt. Vol. XL, pp. 70, 80.] 

Aug. 19. 535. Grant to Sir Charles Lyttelton, Deputy Governor of Jamaica, 
of 1,000?. towards his expenses there, to be by him received and 
retained out of prizes and prize goods without account, with direc- 
tions to the officers of the Exchequer to allow the same. [Dom., 
Chas. II., Docquet.] 

Aug. 21. 536. A Declaration and Proposals to all that will plant in Carolina. 
His Majesty having by charter dated 24th March 1663, granted to 
Edward Earl of Clarendon and others certain territories in America, 
said Lords Proprietors declare to all his Majesty's subjects : 1. That 
the first colony shall be free to settle on Charles river, the Lords 
Proprietors reserving to themselves 20,000 acres, which they intend 
in due time to settle and plant, submitting themselves to the govern- 
ment of the colonj-. 2. That the first colony may have power at 
their own charge to fortify the river and sea coast, engaging to be 
faithful to his Majesty and his successors by some oath of their 
own framing. 3. That the imdertakers of that settlement before 
repairing thither shall present to tlie Lords Proprietors 13 persons 
of those that intend to go, of which number the Lords Proprietors 
will commissionate one to be Governor for three years and six to 
be of the Coimcil, and others'to succeed in case .of death or removal ; 
and by the 2.5th March before the expiration of the time of the 
Governor in being, a new presentment of 13 shall be made by the 
freeholders, out of whom by the 10th April following the Lords 
Proprietors will commissionate a Governor and Coimcil as aforesaid. 
4. That they will empower deputies to be chosen by the fi-eeholder.s, 



AMERICA AND WEST INDIES. 155 



two out of every parish, to make theii' own laws, so as they be 
not repugnant to tlie laws of England ; which laws shall within 
one year after publication be presented to the Lords Proprietors for 
ratification, and shall be in force until repealed by the same power 
or by time expired. 5. That they will grant freedom of conscience 
in all religious things. 6. That they will grant the full benefit of 
the annuities granted to them 1:iy the charter as to freedom of 
customs on tools exported from England, and on wine, oil, raisins, 
olives, capers, wax, currants, almonds, and silkes imported, for seven 
years after 4 tons of every respective specie is imported in one 
bottom. 7. That they will grant to every undertaker within five 
years of the first settlement 100 acres for ever, for every man 
servant armed with a good musket 20 lbs. powder, and 20 lbs. of 
bullets, 50 acres, and for every woman servant 30 acres, and to 
every man servant 10 acres, and to every woman servant G acres, 
at the expiration of their time. 8. That they will enjoin the 
Governor and Council to 'take care that there be always one man 
armed for every .50 acres granted. In consideration of the pre- 
mises the Lords Proprietors expect one halfpenny per acre for every 
acre granted as aforesaid, that the court-houses, &c. be erected by 
the public monies on the land taken up by the Lords Proprietors, but 
to be to the country's use for ever, paying some small acknowledg- 
ment. 2 pp. [Col. Entry Bl:, No. 20. pp. 1-3.] 

Aug. 21. 537. Bond of Daniel Gotherson of Godmersham, Kent, and John 
Scott of Long Island, America, in CO/, to pay 30/. -^s. to John Legg 
of Blackfriars before 25th March next. {Dom., Chus. II., Vol. 
LXXIX., No. 10, Cal.,p. 246.] 

Aug. 24. 538. Petition of Edmond Wyndham and Thos. Elliott, " Your 
Majties servants," to the King. Are willing to undertake the work- 
ing of those copper mines which are presumed to be in Nova Scotia 
in a mountain adjoining a river, commonly called Seganectucke. 
Pray for a grant to themselves, or to those whom they may nominate 
of the sole pi-ofit of all mines they shall discover within said moun- 
tain, rendering one-fifth part in specie of the metal raised to the 
Crown. With reference to the Lord Treasurer and the Chancellor 
of the Exchequer, the King being inclined to gratify the petitioners 
and to encourage an undertaking of such public use and benefit. 
Annexed, 

538. I. Report of Lord Treasurer Southampton to the King on 
aljove petition. The petitioners having obliged themselves 
to l.iring home all the copper, gold, and silver to be excepted 
in the lease, and to pay customs, recommends that limits 
be given to the mountain and a lease granted for 31 years 
without inheritance, 16 Dec. 1663, see No. 636, 16 ,Ian 
1664. Together 2 pp. [Col. Papers, Vol. XVII. 
Nos. 70, 71.] 

Aug. 25. 539. Circular letter from the King to [the Governors of 

Whitehall, all his Majesty's Plantations]. His Majesty and Privy Council, 

having maturely considered the imjrortance of two Acts lately made 



156 COLONIAL PAPERS. 



for the increase of Shipping and Navigation in relation to trade and 
revenue, and for keeping his Plantations in constant dependance, 
commands the utmost diligence to be used for punctually observing 
the same, and has appointed {left blank') to administer 

the oath prescribed in said Acts. Any neglect will give his Majesty 
great displeasure. Signed by the King and countersigned by Sec. 
Sir Heniy Bennet. 1 p. [Col. Pcqxrs, Vol. XVII., No. 72.] 
Aug. 2-5. 540. Duplicate of the preceding. Signed by the King and 
Whitehall, countersigned by Sec. Sir Henry Bennet, with the addition after 
the date "in the iifteenth year of our reign." \ p. and ^ lines. 
{Col. Papers, Vol. XVII, Xo. 73.] 
Aug. ? 541. Two drafts of the above, with corrections by Joseph Wil- 

liamson, Under Secretary of State. [Col. Papers, Vol. XVII, 
Xos. 74, 7-5.] 
Aug. 2.5. 542. Copy of the above circular letter. [Dom. Entry Bl:, 
Chas. II „ Vol. X., pp. 108, 109.] 

Aug. 25. 543. Licence to John Browne, who has a patent for setting up 
works for reiining sugar in Scotland, to use four Scots' ships for 
full and free trade with the Iving'.s lands, islands, plantations, and 
territories in Asia, Africa, or America, provided the said ships 
return dii-ectly into Scotland or England, notwithstanding that by 
a late Act all Scots' ships seem to be excluded from trading with 
any such lands, islands, plantations, and territories. [Dom., Chas. 11, 
Vol. IX XIX., Xo. 75, Gal, p. 25.3.] 

Aug. 25. 544. Minutes of the Council of Barbadoes. Ordered that the 
Assembly sit with the Council at this time. Lord Willoughby's 
Patent giving him power to order them to sit together or apart. 
The Assembly sent for, when his Excellency's Patent was read, after 
which he informed them that the King had been at very great 
charge in purchasing the Earl of Carhsle's Patent, and though he 
had been oflered large sums by gentlemen in England for this 
revenue, yet out of his affection for his subjects his Majesty had 
refused. His Excellency said it therefore would now become them 
to express their duty and thankfulness to his Majesty in settling 
his revenue. Some resolves of the Assembly were then read and 
laid aside, and a Committee appointed, to consist of four of the 
Council and eight of the Assembly, to treat together in the after- 
noon about settling the King's revenue. Ih pp. [Col. Entry Bk., 
Vol. XL, pp. 80, 81.] 

Aug. 2G. 545. Order of the King in Council. On petition of the Royal 
Whitehall. African Company, setting forth that their ]:>rivileges are entrenched 
upon by Derrick Will Rey, who assumes the title and power of 
Governor-General of the coast of Africa for the States General, and 
praying that Sir George Downing, his Majesty's envoy to the States 
General, may be empowered to prosecute and protest in the affair. 
His Majesty was pleased efl'ectually to recommend Sir George Down- 
ing to demand full and speedy satisfaction for the injuries complained 
of, and to effect that the like be prevented hereafter. 1 p. [Ddtu. 
Entru Bk., Chas. II., Vol. XIIL, p. 355.] 



AMERICA AND WEST INDIES. 157 



1663. 

Aug. 30. 547. The Lords Proprietors of Carolina to Col. Tho. Modyford and 
Cockpit. Peter Colleton, Esq. Find by letters from Ric. Evans, Jno. Vassall, 
and others, and from Col. Modyford, that several peo])le of Barba- 
does have inclination to settle in Carolina, whom Lords Proprietors 
desire by all means to encourage, so ha.ve sent enclosed declaration 
and proposals [see ante, No. 536], copies of which they may give to all 
such as desire them, and send others to the " Barmuthos," New 
England, and elsewhere. Are informed that some ill-willers to the 
settlement upon Charles river contrived its miscarriage, and that they 
went not to the branch of the river that Hilton was in, and besides 
took not the proper time of year. Are informed the air is wondrous 
healthy there, and the land proper to bear commodities not yet 
produced in other Plantations, as wine, oil, currants, raisins, silks, 
&c., the planting of which will not injure other Plantations, which 
may very well happen if there were a very great i)KTi.ase of sugar 
works or more tobacco, ginger, cotton, and indigo uiadr than tho 
world will vent. The proposals sent are but heads, yet will willingly 
give a more formal and large assurance when the same is desired. 
Have written to Lord Willoughby to countenance their proceedings. 
The business is the Kini; and nation's service more than their own. 
1 p. [Cul. Entrij BL, Xo. 20, pih 8, 9.] 

Aug. 30. 548. Petition of Samuel Mavericke [to the King]. Has long lived 
Whitfliall. j]| ]-,is Maiesty's great and hopeful colony in New England, and with 
many thousand loyal subjects there, has for about 30 years been 
debarred all liberty, civil and ecclesiastical, by some of their country- 
men, who always seemed disloyal. Has for near three years been 
a constant solicitor for relief from his Majesty, but cannot perceive 
anything done effectually towards it, and therefore prays that some 
persons may be speedily sent over to regulate all things there now out 
of order, being assured that if relief appear not they will either rise 
in arms one part against the other or remove to the Dutch or other 
places. With reference to the Committee of Foreign Plantations. 
1^ 2ip. [Dom. Entry Bk.', Chas. II., Vol XIII., p. 356.] 

Aug. 3L 549. Duke of Albemarle to Lord Willoughby. Presumes he is 
Cockpit. not a stranger to his Majesty's grant of the province of Carolina, 
which the Lords Proprietors have undertaken, to serve his Majesty 
and his people, and not for their own private interest. There are 
some persons in Barbadoes who have set forth their desires of begin- 
ning a settlement in those parts, which the Duke conceives will be 
rather advantageous to Willoughby's Government, for it will divert 
them from planting commodities with which his iilantation abounds 
and put them upon such as the land of Barbados will not produce, 
and which the King has not yet in his territories, as wine, oil, 
rai.sins, currants, rice, silk, &c.; as well as corn, meal, flour, beef, and 
pork, which will in a short time abounil in that country. Both the 
Duke and the Lord Chancellor desire he will encourage this settle- 
ment. Has written to his own cousins Modyford and Peter Colleton 
to promote the Carolina j^lantation. ]^ p. [Col. Entrij Bk., Xo. 20, 
p. 9.] 



15S COLONIAL PAPERS. 

IGtio ? 550. Memorial of Sir Ellis Leighton to the Duke of York. To 

move his Majesty to write to the Governors of Jamaica and Bar- 
badoes, that the agents of Signor Grillo may reside there, with the 
same liberty as the King's subjects, during the time their abode 
there shall be necessary in order to the carrying on the contract 
between^ said Grillo and the Royal Company. Indorsed, S'' Ellis 
Leighton lirought this mem^ from the Duke that a Ife may be drawn 
up to the eifect written : the gent, goes away to-mori'ow. [Col. 
Papers. Vol XVTI.. No. 7G.] 

Aug. ? 551. Petition of Rich. Miller to 8ir Wm. Wylde, to subscribe 

his petition for transportation to Jamaica. Was convicted of stealing 
a watch which he won at play ; has near relations desirous of his 
company in Jamaica, and is willing to put himself in any condition 
or country where there is hope to be advanced by industry, see einte, 
No. 523. [Bom., Chas. II., Vol. LXXVIII, No. .36, Gal, 'p. 229.] 

1663. 552. Minute of the Council of Jamaica. Ordered that every 

Sept. 1. person in the several quarters be assessed one lb. of sugar for repair- 
Point Cagua. ing the liridge at Passage Fort. [Col Entry BL, No. 37, 2^- 22.] 

Sept. 2-12. 553. Protest of John Valckenburgh, Dii-ector-General of the north 
Castle of coast of Africa and the island of St. Thome, on behalf of the States 

St. George de Qg^-^gral and their authorised West India Companj^ against John 
Stoaks, Commander-in-Chief of all the English forces upon the 
coast of Africa, for this present expedition. That Capt. Stoaks has 
disturbed their Company in their lawful possessions, and has a clear 
intention to expel the Dutch by subtlety or force if possible, by 
erecting a Avarehouse at Anchiang upon the Stranel, under the jui'is- 
diction of the county of Fantyn, pretending that the English have 
heretofore possessed a factory there. No person A^-ith a knowledge 
of the coast of Africa can be ig-norant that the Portuguese, as the 
first discoverers, have maintained against all, the Gold Coast of 
Guinea ; and the Dutch Company, who have obtained such conquests 
at the expense of much treasure and blood, ought to be left undis- 
turbed, particularly by friends, especially about Anchiang, in regard 
the whole strand of Fantyn, with the traffic therein, was made over 
in March 1629 to the States General and the Dutch West India 
Company. " We do kindly and neighbourly pray and entreat you 
to desist and forbear from further building of the said factory," 
which being an unheard of novelty we cannot connive at or tolerate, 
but must hinder and prevent ; and also that the English no longer 
continue to debauch the people of the Dutch Company out of their 
service, or .shelter any longer, declared rebels to their Company. 
Huybert Van Gazeldoneq, chief factor at the Fort Nassau Tot 
Moree, is commanded with two witnesses to go on board his 
Majesty's ship Marmaduke, and intimate to Admiral John Stoaks 
the contents of this protest, and deliver it duly attested and signed. 
With certificate that the insinuation and delivery " of the aforegouig 
act of protest was performed " as it ought to be, the 3-13 Sept. 1663. 
Indorsed, The 2^<^ protest of y^ Dutch. 7 pi'- [^W^ Papers, 
Vol. XVII. No. 77.] 



AMERICA AND WEST INDIES. 159 

1063. 
Sept. .5. 554. Wan-ant to the Duke of York. Forthwith to deliver to the 

Bath. Royal Aft'ican Company his Maje.sty ships Welcome, Sophia, and 
Rosebush, or such of them as the Company shall desire, with rigging, 
tackle, and fnrnit\uf, making first an inventory of what is delivered, 
and of the -^tatr of tlio .ships; the Company to enter into articles 
with the (/oiiiiiii^siiiurrs of the Navy for delivering the same back in 
the same condition (dangers of the sea only excepted) within IS 
months. U pp. [Dora. Entry Bl:, Chas. II., Vol. XV., pp. ISO, 
190.] 

Sept. ? 555. Commission to Sir Wm. Berkeley to constitute a Governor 

Cocpkit. for Albemarle river. Full power is given by the Lords Proprietors 
of Carolina to Sir Wm. Berkeley, Governor of Virginia, to appoint a 
Governor of all that part of Carolina on the N.E. or starboard side of 
the river Chowan, now named Albemarle river ; also the same or 
some other person, Governor of the S.W. or larboard side ; and six 
fitting persons to be a Council to each. Said Governors to have full 
poAver to appoint all officers (the secretary and surveyor only ex- 
cepted), and, with the consent of the major part of the freemen, to 
make laws according to such proposals and instructions as the 
Lords Proprietors send herewith, li pp. [Col Entry BIc, No. XX., 
pp. 3-5.] 

Sept. ? 556. Instructions from the Lords Proprietors of Carolina to Sir 

Cockpit. William Berkeley in relation to the settling and planting some part 
of the province of Carolina. 1. In regard that all men will desire 
to settle upon the river, each planter is to have 1 chain (6G feet) in 
breadth and 100 chains from the river up into the country, and the 
remainder of his proportion not less than 200 chains from the river, 
that there may be room for a second row of jolanters ; by means 
whereof there will be 200 men within each mUe and a quarter 
square, which is conceived to be better than in towns. Ten acres 
will be as much as one man can well plant and keep clean in that 
growing country, the remainder to be laid out where the Governor 
and Council think most convenient. 2. 20,000 acres to be set out 
for the Proprietors in several places, part where a town is like to 
be buUt, and other parts some miles up the river or np the comitry, 
wdiere the land is good, and, e.specially, best for vineyards, which it is 
conceived will be most profitable, " an acre in the Canaries pro- 
ducing CO/, per annum." 3. The people may have three, four, or 
five years given them before payment of the quit rent of |(i per 
acre. 4. Those who have purchased land of the Indians and have 
cleared more than their proportion to be compoiuided with. .5. The 
Governor and Council to give warrants for the proportion of land to 
the surveyor, who shall certify to the secretary the quantity laid 
out ; this certificate to be recorded in a book kept for the purpose, 
and then the Governor and Council to make a grant (under a seal 
the Proprietors will send) to the party and his heirs for ever ; the 
quit rent of \d. per acre to commence within five years from the 
Feast of All Saints next. 6. If he cannot find some other way to 
support the Governor, that then he have the sole trade in furs for 



160 COLONIAL PAPEES. 

1GG3. 

tliruc years, and that some fees be established for maintenance of the 
secretary and surveyor, li pp. \Col. Entry Bk., No. XX., 'pp. 5, C] 

Sept. N. 557. The Lords Proprietors of Carolina to Sir Wm. Berkeley. 

Cock Pit. Since he left they have procured his Majesty's charter for Carolina, 
and send him a copy. Aftei- the sealing of it there started a title 
nnder a Patent granted in the oth Charles I. to Sir Robt. Heath, 
under which there has been a claim by tlie Duke of Norfolk's agents 
and another by Sir Richard Greenefield's heirs, but that Patent 
has been made null by the King and Council {sea ante, No. 525,] 
and is ordered to be made so by the King's authority in the courts 
of law. Are informed that there are some people settled on the 
river Chowan, and therefore have by Capt. Whittey sent him a 
power to constitute one or two Governors and other officers, having 
only reserved the nomination of the surveyor and secretary, as 
officers fit to take care of his and their interests. The surveyor, M. 
Lepreyi-ie, is recommended by Sir George Carteret ; and the secre- 
tary, Richd. Cobthrop, by Lord Jno. Bei-keley, and will sail within a 
month. Send proposals to all who will plant, in which " our con- 
descensions are as low as it is possible for us to descend." This was 
not intended for his meridian, where the Lords Proprietors hope to 
find more facile people, who by his interest may settle upon better 
terms for the Lords Proprietors, which they leave to his management, 
but recommend him to grant as much as is jjossible rather than 
deter any from planting there. Refer to their instructions and pro- 
posals as to the ]iroportions of land, but understand that the people 
there have bought great tracts from the Indians, wherefore for the 
reasons given, the Lords Proprietors desire that he persuade or 
compel those persons to be satisfied mth such proportions as are 
allotted to others, for more will but scatter the people, and render 
them easily liable to be destroyed by enemies. Desire liim to keejo 
this letter and their instructions and proposals private. The reason 
of their giving him power to settle two Governors is, because those 
who are for liberty of conscience may desire a Governor whom those 
of the other side of the river may not like, the design being to en- 
courage all sorts of persons to plant. Have granted to Su- Jno. 
CoUeton Carlisle Island, near Roanoke and Chowan river, — he will 
leave it to Berkeley to take a part with him if he please. Though 
the Lords Chancellor, Berkeley, and Ashley's hands be not to the 
papers, yet they consent to what is done. The entrance to Cho- 
wan river is difficult, and but for small vessels ; understand there 
is an entrance bold and deep in lat. 34, near the rivers Newse 
and Pamplycoe. Desire him to procure at freight some small vessel 
to make discovery of a sound through which " big great ships " may 
come to Chowan and the other brave rivers; and to look into 
Charles river, a little to the south of Cape Fear, and give account 
of what is there, to the charge of which each Lord Pro]3rietor will 
pay his share. This work is held necessary to be done that the 
King may see they sleep not with his grant, but are jjromoting his 
service and his subjects' profit. By Captain Whittey 's relation he 
may easily pass from his government to Chowan ; earnestly intreat 



AMERICA AND WEST INDIES. 16 L 



1663. 

him to make a journey thither. 2 pp. [Col. Entry Bk., JS'o. 20, 
pp. 6, 8.] 

Sept. 8. 558. Minutes of a meeting of the Lords Proprietors of Carolina. 

Present, Duke of AJbemarle, Lord Craven, Sir George Carteret, and 
Sir Jno. Colleton. The island heretofore called Carlisle, now 
Colleton Island, near the mouth of Chowan, now Albemarle river, 
containing 5 or 6 miles by 2 or 3 miles, granted to Sir Jno. Colleton 
and his heirs for ever, on paying yearly for all jjlantable land one 
halfpenny per acre, if all others in Carolina pay as much, i p. 
[Col. Entry Bl:, Xo. 20, p. 14.] 

Sept. 9. 559. [The Lords Proprietors of Carolina] to [Coll. Tho. Mody- 

ford and Peter Colleton]. Have sent two letters with copy of 
charter and proposals touching the settlement of Carolina, desiring 
» to persuade such persons of theii- island as have inclinations to 

plant in those parts, and cannot recede from the method therein 
proposed. Have since received theirs of 1 2tli August, with proposals 
of several gentlemen of Barbadoes ; to which an answer is now sent. 
If other ways of framing the Government will please them better, 
without lessening the powers and the rent they have reserved, they 
may close with them, and if gratifying some of the chief with 100 
to 300 acres of land extraordinary will forward the work, it shall be 
given to them. If the undertakers be concluded with. Coll. Modyford 
and Colleton may make choice of a surveyor and secretary ; whom the 
Lords Proprietors intend shall be subject to the Government, and 
upon just complaint be removed. Desire them to give notice who 
will be fittest for the Government and Council. If it be thought 
lit, the first Governor may be continued five years, and the people 
to find some way for his maintenance. Have a settlement begun 
on the Chowan river, and have proposed for the Governor's support 
the fur trade. Wish the place (of settlement) may be near Port 
Royal. If any argument be made concerning the charge of discovery, 
it will be answered what the Proprietors have done from Virginia. 
Hope by their next to send the King's letter to the Governors for 
the promotion of this settlement. Conceive the planting of Carolina 
will be of great advantage to the King and people, particularly the 
planters in Barbadoes and Caribbee Islands, in regard it will divert 
further raising of sugar, ginger, cotton, indigo, and tobacco, of which 
enough is alieady made to supply all markets, and more will 
impoverish the planters, by lowering the prices ; in regard Carolina 
will produce wines, silk, rasins, currants, figs, olives, oil, capers, and 
tobacco, as good as that of Virrques, sic. l Virginia, all which are 
easier produced than sugar, and not yet planted in the King's 
dominions. 1^ pp. [Col. Entry Bl:, No. 20, pp. 13, 14.] 

Sept. 0. 560. Answer of the Lords Proprietors of Carolina to certain 

Proposals of several gentlemen of Barbadoes [see ante, No. 528]. 
Are well pleased to find so many public spirits in Barbadoes con- 
cerned in the intended discovery, although orders had been before 
given for a vessel to be sent from Virginia, to discover from Cape 
Hatteras to Cape Florida, fit places for his Majesty's subjects to 
M 605. I' 



162 



COLONIAL PAPEES. 



16G3. 



Sept. 10. 

Barbadoes. 



Sept. 10. 

Virginia. 



Sept. 1; 



settle in. As to their desires ; a copy of the Charter has been sent 
to Barbadoes by Thos. Colleton, and if an exemplification under the 
broad seal be desired, it shall also be sent. Coll. Tho. Modyford 
and Peter CoUeton have taken with them a declaration and jiro- 
posals in which is set forth the method of government, settlement, 
and granting of land ; which the Lords Proprietors hold to be better 
for the people in general than the corporation way proposed, liut 
if it be desired that more than six be of Council, then may the 
imdertakers propose double the number, and the Propi'ietors shall 
choose the moiety. The Governor and Council shall be empowered 
to grant lands, as set forth in the pi-0]50sals, for which they may 
contract with the Indians, and make choice of all officers, civil and 
military, the secretary and surveyor only excepted. The Lords 
Proprietors will endeavour to procure his Majesty's letters to the 
Governors of Barbadoes, Caribbee Islands, Virginia, New England, 
and Bermudas, not to hinder free and unengaged persons from 
going to Carolina ; and have given directions to Coll. Modyford and 
Peter Colleton, to treat with them conceiniug the premises, not 
receding fi'om the substance of their declaration. 1^ pp. \_Col. 
Entry Bh., No. 20, pp. 12, 13.] 

561. Lord Willoughby to the King. Arrived in Barbadoes on 
Aug. 10th, and laid his Majesty's commands before the Assembly 
in being, to avoid the delay of calling together a new one, which 
might be done if the present Assembly should not answer his 
Majesty's expectations. They have agreed to levy a custom of 
4J per cent, on all commodities grown in the island, and hope it 
may be hereafter advanced, if his Majesty would grant them some 
privileges which the Act of Navigation doth debar them of Hopes 
the relief will be given to them and the other plantations. Will 
A'isit these ^vith what speed he can, and send his Majesty a furthei' 
account ; and then visit Guiana and execute his commands there, 
returning thence to Barbadoes. Prays, therefore, that a small 
fiigate may be placed at his order, as ships are very scarce and 
cannot be hired but at excessive rates ; besides in case the Spaniards 
shoidd trade with the island it would be a great encouragement 
to them to see a man-of-war riding in the road for their protection. 
Indorsed, Answered 11 Jan. 2 ji/i. [Col Pajyers, Vol XVII., 
No. 78.] 

562. Seventeen Acts passed at a Grand Assembly held at James 
City, Virginia, by prorogation from 2 Dec. 1662 to 10 Sept. 
1663, but the titles only are given of those Acts against wliich is 
written in the margin repealed, expired, obsolete, useless. Printed 
in Col. Entry Bks., Nos. 89, 90, 91, see ante, No. 262. N.B.—In 
the printed editions of 1733 mul 1752 of the Acts of Assembly 
is to be found the title of an Act repealing the Act of Amercia- 
ments, which is not included in the above seventeen Acts. [Col. 
Entry Bl:, No. 8S,^jjj. 53-56.] 

563. An Act for settling an impost on the commodities of this 
islam.l's [Barl;>adoes] growth. With memorandum that the Order 
of Council confirming and ratifying this Act [dated 21 April 1665] 



AMERICA AND WEST INDIES. 163 



1663. 



is entered at p. 122. One proviso of this Act luas hoiuever disalloioed 
and made void in said Order of Council. 4 p^. Three copies. 
[Col. Entry Bh, No. 5, pp. 47-50 ; also No. 92, pp. 1-9 and pp. 
323-3.30.] 

Sept. 1.5. 564. The titles of twenty-nine Acts made at the General 
St. Mary's' AssemLly begnn at St. Mary's 16th September 1663 in the 32nd 
Jiaryland. ^^^^^ ^^ ^j^^ dominion of the Rt. Honble. Ccecilius, absolute Lord 
Proprietor of the Pro\dnces of Maryland and Avalon, Lord Baron 
of Baltimore, &c. ; and there continued till Saturday the 3rd of 
October following, and thence adjourned till the 2nd Tuesday in 
September (13th) 1664, viz. : — 1. An Act for the quieting possessions 
of lands and establishing the manner of conveyances of lands for 
the future. 2. Concerning English servants that run away in 
company of negroes or other slaves. 3. Imposing a penalty on all 
such who shall dispose of tobacco seized and received by the sheriff 
or others. 4. For a prison at St. Mary's. 5. Prohibiting arrests 
upon the Sabbath day, and days of general musters and training. 
6. Erecting a Pillory, Stocks, and Ducking Stool, in every county 
of this province. 7. For the continuance of an Act intitided an Act 
of Gratitude for the Lieutenant-General's allowance. 8. Providing 
irons in each county for burning malefactors. 9. For repeal of the 
second branch of the Act made at St. John's, 4th March 16.57, by 
Thomas Greene, Esqre., Governor, mtituled an Act Touching Pay- 
ment of Debts. 10. Enjouiing Sheriffs to take bail. 11. For 
amerciaments in the Provincial and County Courts. 12. To give 
Smiths execution for their debts. 13. For the preservation of 
Orphans' Estates. 14. Against exportation of Wool and Old Iron. 
15. For the repeal of a clause in an Act made the 23rd day of 
October 1640, by Leonard Calvert, Esqre., Lieutenant-General of 
this province, intituled an Act for servants' clothes. 1 6. A general 
Act for administration of Justice. 17. For levying the Surveyor- 
General's fees. 18. For the rule of arrests and summons for 
witnesses by all sheriffs, and a rule for entering actions and filing 
actions and petitions. 19. For proceedings at law. 20. For 
appointing a public notary. 21. For seating of lands in Baltimore 
county. 22. Prohibiting trading and gaming with servants. 23. For 
the repeal of an Act made anno 1661, intituled An Act concerning 
killinf wild cattle. 24. For land five years in possession. 25. 
Providing what shall be good evidence upon Bills, Bonds, and 
Specialties, coming out of England and other parts. 26. For the 
explanation of that clause in an Act made by Capt. Wm. Stone, 
21st April 1649, .touching hogs and marking of cattle. 27. Con- 
cerning proceedings at law, and 28. Payment of debts due by 
bill (2). 29. For the burgesses' expenses and other public debts. 
32 pp. \Col. Entry Bh., No. 53, pp. 61-92.] 

Sept. 23. 565. Francis Lord Willoughby, Governor of Barbadoes, to M. de 
Barbadoes.; Laubiere, Governor of Martinico. Has received his wherein he takes 
notice of some late transactings by some people of this island to 
possess themselves of St. Lucia. Barbadoes, finding itself overbur- 
dened with people, had proceeded before Lortl Willoughby 's coming 

L 2 



34 COLONIAL PAPERS. 

1GG3. 

to enter into treaty with the Indians for their compliance therein : 
and finds them very much resolved to pui'sue the settling of that 
island, in regard it lies so convenient for supply of the settlements 
on this island. Hopes it shall not he taken for any breach of the 
friendship which has ever been between the Governors of these 
islands if Lord Willoughby grants libeity to the people of this island 
to settle upon St. Lucia, "l^ j)^. {^Col. Papers, Vol. XVII., No. 79.] 

Oct. 1.5. 566. Sir Chas. Lyttelton, Deputy Governor, to Sec. Sir Henry 

Jamaica. Bennet. Has received the King's commands of the 29th April to 
cease from making further attempts on the Spaniards, and hopes 
soon to establish trade with them, especially in negroes, which 
they can fetch from nowhere else so easily. From letters lately 
received from Mr. Coventry, finds that the war with privateers was 
not intended to be taken off by the King's instructions, so has 
not thought it his duty to call them in. The work at the fort, 
which is three parts finished, now at a stand, and will need 2,000Z. 
more to finish ; unless his Majesty will allow at least 100 men in 
pay for a garrison, it would be better to leave it as it is— open 
to the land, for there would be more mischief feared from them- 
selves than from the enemy. In time of danger it cannot be 
defended with less than 300 men, and such a number is scarce 
po.ssible to be had upon a sudden alarm as is to be expected. The 
nearest settlement is 20 miles distant, and it would be a hard 
matter to persuade a militia to march so far from their own private 
concerns : the negi*oes can be nowhere else so conveniently kept, 
but to keep them in great numbers wordd be very unsafe without 
a guard. The island in a much more prosperous condition than 
it was some months since, especially as to its plenty of provisions, 
which are cheaper by one-half than when they first landed about 
14 months since. Hog, which is the planters' food, has fallen from 
Id. to 2d. per lb., and tame cattle, sheep, and horses have mightily 
increased of late. Wishes he could say the planters had also 
increased, for since Lord Windsor's arrival not more than 200 have 
come, and the year has been very sickly, and carried away great 
numbers. The discouragements given at the Windward Isles have 
been very great, and unless his Majesty take some very particular 
course therein, he must not expect this island well settled, without 
some accidental advantage, as the negi'o trade, draw them down. Does 
not desire to continue here, being much more desirous to return to 
wait on his Majesty's person, and to resign his aflTairs here into an 
abler hand, which he every day expects to do. 3 pp. [Col. Papers, 
Vol. XVII., No. 80.] 

Oct. 1.5. 567. Copy of the preceding letter. Indorsed, Copy of that by 

Jamaica. Mr. Warren. 3 pp. [Col. Papers, Vol. XV 11, No. S\.] 

ct. \-l N.S, 568. Copy of the agreement of sale by Jacques Berruyer and 
Julien Desloires to Charles de la Forge of the islands of Martinique, 
Grenada, Grenadines, and St. Allouzie [? St. Lucia] for 41,500 
livres, dated April 1, 1651. Indorsed by Williamson, " Sale of 
the West Indy Company of their pretensions to Martinique, Grenada, 
Grenadines, &c." 5 ^jp. [Col. Paj^ers, Vol. XVII., Xo. 82.] 



AMERICA AND WEST INDIES. 1G5 

1663. 
[Oct. 19.] 569. Warrant to the Provost-Marshal of Barbadoes. To take 
Barbadoes. Huiiiphrey Wah'onil into custody until he give the Council an 
account upon oath of the sums of money received by him as Presi- 
dent of the island for permitting certain Spaniards to trade with 
the island in Sept. and Oct. 1662 and May 1663, and until he pay 
.such moneys as are due thereon to his Majesty. Certified copy by 
Edward Bowden, Deputy Secretary. Indorsed, Received 19 Oct. 
1663. Read in Council May 9, 1664. '2 pp. [Col. Papers, Vol. 
XVII., No. 83.] 
[Oct. 19.] 570. Another copy of the preceding. 1 p. [Col Papers, Vol. 

XVII. , No. 84.] 
Oct. 23. 571. Sir Chas. Lyttelton to Sec. Bemiet. On the 19th inst. 
Jamaica. there were brought into port two Spanish prizes, by a captain of a 
small vessel, who in fight with the fii'st so disabled his own ship 
that he was forced to quit her and enter the prize, and when plying 
on the coast of Hispaniola fell in with the second, which, finding 
that he carried an English flag on a Spanish vessel, bid " him amaine 
for the King of Spain," but after four hours' fight, being cruelly torn 
and damnified, at length submitted. This ship is the Maria of 
Seville, of 300 tons, carrying 1,000 quintals of quicksilver for the 
King of Spain's mines in New Spain, besides wine.s, olives, and other 
goods, which, on account of the loss of the bills of lading, are not 
yet known. There are 70 prisoners, amongst them some friars, one 
of whom " goes Visitor- General to his order, which is Mercenarians." 
The captain, and owner of most of the cargo, Don Michell de Valen- 
cia, is a person of quality, and treated with all civility, and he and a 
merchant, Joseph de Castro, will at their own request be shortly 
sent to Campeachy. The letters, which seem much to aim at 
attempts upon Jamaica, say that they cannot despatch a fieet from 
Spain before June. The first prize was worth very little, and the 
goods are like to be sold for a quarter at most of their value, by 
reason of the want of money. Has presumed by Mr. Rumball to 
present him with a small trifle of Guinea trade. The bearer, 
Mr. Warren, is a very understanding man, and well able to inform 
him concerning much of the place, "s pp. [Col. Papers, Vol. XVII., 
No. 8.5.] 
Oct. 23. 572. Copy of the ]ireceding letter, without the postscript. 3 pp. 

Jamaica. [Col. Papers, Vol. XVII., No. 86.] 

Oct. 23. 573. Minutes of the Council of Jamaica. Ordered that if any 
Poiut Cagua. negToes shall raise a mutiny, any two justices of the peace may 
order their masters to sell or send them oft" the island. That the 
credit and rates of tobacco may be regained, ordered that two jus- 
tices of the peace in each precinct swear in persons to roll and make 
tobacco, which no others shall presume to do. That Lt.-Col. Lynch 
cause an Assembly of 30 freeholders to be fairly chosen in the several 
quarters of the island before Dec. 20 next. That the Act for chaining 
boats to the shore, for the avoiding of persons running away, be 
published. 

Four proclamations of the Deputy Governor in accordance with 



166 



COLONIAL PAPERS. 



[C'ol. Entry Bis., Ko. 37, 



Oct. 27. 



Oct. 28. 
Barbadoes. 



Oct. 29. 

WMtehaU. 



Nov. 1. 

Suriuam. 



the above Minutes of Council. 4^ pp. 
irp. 22, 23, ancl Xo. 34, pp. 85-88, 90.] 

574. Capt. Thos. Teddeman to the Navy Commissioners. Green- 
away has arrived fi-om the Barbadoes, and says there are two Bar- 
liadoes' ships in Dover road, who came in company with him. [^Dora., 
Chas. II., Vol. LXXXII, Ko. Qb, Gal, p. 31G.] * 

575. Warrant from Lord Willoughby to the Provost-Marshal of 
Barbadoes. To enter any house in which he supposes Humiihrey 
Wab'ond to be secreted ; and in case of resistance to raise force and 
command all officers, soldiers, constables, and other persons what- 
soever to aid and assist him ; and having entered such house to ai-rest 
Humphrey Walrond (if there found) and keep him in custody until 
he pay such moneys as shall prove to be due from him to the King. 
Indorsed, The second warrant. 1 p. [Col. Pap^crs, Vol. XVII. 
No. 87.] 

576. The King to (Francis) Lord Willoughby. Whereas his 
Majesty has made a grant of the province of Carolina to Edward Earl 
of Clarendon, Geoi-ge Duke of Albemarle, John Lord Berkeley, Anthony 
Lord Ashley, and others, to be by them and their assigns settled and 
planted ; and whereas his Majesty is informed that divers persons 
under his command desire to go thither, which will be rather ad- 
vantageous to the settled plantations, by lessening the excessive 
increase of commodities, which has abased the prices, so that the 
planters and traders cannot subsist, it is his Majesty's pleasm-e that 
he hinder not any fi-ee and disengaged persons under his govenunent 
from going to Carolina, and that he give order to all Governors and 
Deputy Govei-nors under his command to observe the same. With 
mevi. that the same letter was sent to the Governor of the Bermudas 
excepting the last elaase of giving order to all Governors, &c. 2 |ip. 
[Dora. Entry Bh, Chas. 11,^01. XIV., pp. IG, 16d.] 

577. Renatus Enys to Sec. Sir Heniy Bennet. After a prospe- 
rous voyage of nine weeks they arrived in safety, 27th August. 
Found the inhabitants generous and obliging ; the country healthy 
and fruitful; the air moderately hot; the natives not numerous, and 
at peace with the English. These parts exceedingly abound with 
strange rarities, both of beasts, iish, reptiles, insects, and vegetables, 
the which for shape and colour are wonderfid. The colony in good 
order, being nobly upheld by the power and prudence of those at 
the helm, who though hitherto not commissioned by his Majesty, 
suddenly expect the arrival of Lord Willoughby, and then to be 
" bottomed " on Royal authority, the want of which has given en- 
couragement to incendiaries, wlio have been seasonably suppres.sed 
and proscribed the country. The chief of these have given a hlierty 
to their tongues, pens, and press to sully this colony with variety of 
lies ; but time and truth will wipe off those calumnies. About 4,000 
inhabitants. The country begins to be populous, partly with supplies 
which arrive weekly (within the last two months nine ships have 
been consigned here), and partly A^-ith a succeeding generation, for 
the women are very prohfical and have lusty children. Were the 



AMERICA A^\) WEST INDIES. 167 



1663. 



Enolish nation really informed of the goodness of this country there 
^'oSld quickly he thousands of settlers. The chiefest commodity is 
suo-ar, and better cannot be made. Some are for breeding of cattle 
and there are store of excellent fish. Were_ the planters supplied 
with negroes, the strength and sinews of this western world, they 
would advance their fortunes and his Majesty s customs. The sworn 
enemies of the colony are the Dons of Barbadoes, whose mteie t 
to keep the planters in that island to balance the power of then 
neoToes; therefore they use their utmost means to disparage the 
country, but their hyprocrisies are discovered, and severa families 
are transporting thither. It is reported that some of the Royal 
Company who are eminent Barbadians, endea^^ur the diversion of 
all supplies of negroes from this place, which will prove a f^etriment 
to his Majesty, there being no colony more hopeful than this, especiaUy 
for any design against the Spaniard. The only time for settlers to 
arrive is in April, May and June, and the oirly things to bring are 
neo-roes, provisions, and tools. The greatest infelicity of this colony 
is that his Majesty is not rightly informed of the goodness thereo , 
that his subjects here may participate m his Royal favours as othei 
colonies. 3 pp. [Col Papers, Vol. XVIL, Xo. S8.] 

Nov. 4 578. Lord WiUoughby to the King. As the produce of the 

Barbado;s. island has been eaten up liy strange and unusual caterpillars and 
worms this year, which like the locusts of Egj^t have come upon 
the land, so that the poorer sort of people, who_ are very numerous 
have been very hard put to it, and must have penshecl ^f they had not 
been supplied with victuals from New England Lord Willoughby 
hopes they may be relieved from the restrictions laid upon them by 
the Act of Navigation, otherwise the colonie.s will a be rumed 
Some thousands have gone from Barbadoes and the other Leeward 
Islands to the neighbouring French and Dutch colonies where there 
is allowed complete freedom of trade and liberty for aU nations to come 
and mhabit, which cause those colonies to grow populous and rich. 
By enclosed letter received from the French Governor of Martinique 
\^fe anU' Ko 581] his Majesty can see how forward the Mon.sieur is 
and how' he takes upon him. If not curbed in time he wdl ^row 
troublesome ; but if the King pleases. Lord WiUoughby will quickly 
take order with my Monsieur and cool his courage by means of the 
Indians in that island, who have been oppressed by the French, and 
■have invited Lord Willoughby to settle Sta. Lucia, which borders 
close upon them. Intends going there with men to settle it before 
Christmas. Prays the King not to make any grants inter enng 
with his, and that if the island of St. Vincent has been granted to 
some Scotch his Majesty would retract it, lest it be the cause o 
troubles with the Indians, who are a jealous people, and with whom 
a league of friendship has been recently made, hoping thereby to gam 
thein against the French. As Barbadoes decays fast, the people 
must be placed somewhere; they will not go to_ Jamaica as it is 
imliealthy and the land not good for plantmg; mdeed it is only 
o-ood as a garrison place for men-of-war, and as a curb upon the 
Spaniards, for hitherto it has but robbed the other colonies of people. 



168 COLONIAL PAPEES. 

1663. 

The French are the only people who can compete with the English 
there, for the}' are an encroaching nation ; but will warrant they 
shall not grow great if the King will let him alone. Prays before 
a gi-ant is made by his Majesty it may be referred to him, that 
he may send information about its value. Also that the King 
would grace Barbadoes, the metrojjolis of his islands, with the allow- 
ance of his Majesty's colours for a regiment of foot, to be called his 
Majesty's regiment, which he would undertake to make a double 
regiment of 2,000 or 2,400 men. Ten long-range cannon are wanted 
for tlie baj', which is too wide for the present guns to command, but 
these would do very well for any of the other Leeward Islands. 
Indorsed by Williamson, " Rec. Jan. 9. An.swd. 11 Jan." ^ PF- 
[Col. Papers, Vol. XVII., Xo. «9.] 

Nov. 4. 579- Proclamation by Lord Willoughby. Col. Humphrey Wal- 

Barbadoes. rond rides from place to place with his servants armed, inciting 
people to mutiny and rebellion, hoping thereby to evade rendering 
an account of money by him due to the King. All officers and loyal 
subjects are therefore required to ai-rest him, that such order may be 
taken with him as is agreeable to law and justice, and they are for- 
bidden to entertain or hide him on pain of being considered accessory 
to his seditious and rebellious intentions. Indorsed, "The third 
warrant." 1 p. [Col. Falters, Vol. XVII, iYo. 90.] 

Nov. 6. 580. Minutes of the Council of Jamaica. Ordered that writs be 
PoiDt Cagua. clra\^^l up by the King's attorney for the election of 20 persons by 
the precincts, eleven to be an authentic assembly. That contracts 
made in money for liquors be paid in money, notwithstanding any 
Act to the contrary. Tliat Major Coape and Captains Fuller and 
Pugh, consider and report speedily on such articles as may best tend 
to the reducing of the wild negroes to obedience. 

Proclamation of the Deputy Governor in accordance with the 
above Order of Council concerning liquors. Published 8th Nov. 
U pp. [Col. Entry Bis., Ko. 37, p. 23, and Xo. 34, ji. 89.] 

Nov. 581. M. De Clermont Diel, Governor of Martinico, to Francis 

Lord Willoughby, Governor of Barbadoes. Has been informed by 
the officers of Martinico, since his arrival, of the design Lord Wil- 
loughby's people have upon St. Alouziel [St. Lucia] according to the 
notice given to M. de Laubiere. Sends an officer to inform him 
precisely of the right of the French to possess it, and beheves that 
Lord Willoughby when fully informed, will not permit his people to 
make a descent on lands belonging to the Crown of France ; but if 
otherwise, will be obHged to repel them and inform the King his 
master of it. Indorsed, "A letter from M. de Clermont Diel, Gover- 
nor of Martinique." French, 2 jip. [Col. Fapers, Vol. XVII, 
Xo. 91.] 

Nov. 19. 582. Francis Lord Willoughby, Governor of Barbadoes, to M. de 

Barbadoes. Clermont Diel, Governor of Martinico. Has received an account of 

the title by which he makes claim to Sta. Lucia. In return has sent 

a brief abstract of the Letters Patent, gi-anted by the King his 



AMERICA AND WEST INDIES. 169 

master's father ; and doubts not that he will receive abundant satis- 
faction whereto the right belongs, and will not find any just grounds 
to repulse any authorised by Lord Willoughby to settle upon Sta. 
Lucia, lest such actings may occasion a further breach, which is no 
way desired. Indorsed, " A copy of my letter to Mounsier Clearmon 
Governor of Martinico." 1 p. [Col. Papers, Vol. X VII., lYo. 92.] 
Nov ? 583. Petition of the Company of Royal Adventurers of England 
trading in to Africa to the King. That petitioners in order to induce 
the Spaniards to trade with the West Indies, had sent a ship with 
IGO negroes to the Spanish main, and that Lord Willoughby by the 
mistaken advice of his Council had exacted 320L. on these negroes 
from the Company's factors in Barbadoes. Pray his Majesty to com- 
mand Lord Willoughby to make immediate restitution of the 320?., 
and not to presume to take payment on any negroes shipped for the 
Company's account from the islands under his government, but only 
on such as shall be actually sold there to foreigners to be transported 
out of your Majesty's obedience. Pray further that Lord Willoughby 
may be commanded to grant them just favour and indifferent expe- 
dition in the recovery of debts and all other legal proceedings. 
Sit-^ned by Sir Richard Ford, Deputy Governor, by order. 2 pj^. [Col. 
Papers, Vol. XVII., Xo. 93.] 
Nov 19. 584. Sir Richd. Ford, Wm. Rider, George Cock, Martin Noel, 
and John Buckworth, of the Guinea Company, to Williamson. 
Request the King's signature to a letter to Lord Willoughby upon 
the subject of the Company's late petition to his Majesty. [Dom., 
Chas. II., Vol. LXXXIV., Xo. 14, Cat., p. 344.] 
Nov. 20. 585. The King to Lord Willoughby, of Parham Governor of 
Barbadoes. To make immediate restitution to the Royal African 
Company of the sum of 320?. levied as a custom upon 1(30 negroes 
which were sent from Barbadoes to be sold for their own account in 
the Spanish West Indies. The King conceives Lord Willoughby 
has misinterpreted his Majesty's letter of 13th March last, wherein 
he was directed to levy 10 pieces of eight for every negro slave the 
Spaniards should transport, but the King's intention always was, 
and is, that such duty should only be levied on negroes bought 
upon the place by Spanisli subjects or othej-s, to be transported into 
foreion dominions, and not otherwise. Ho is especially enjoined to 
protect the interests of said Comi)any in all things. 2 pp. [Col. 
Entry BL, Vol. XCIIL, pp. 36, 37.] 
Nov "0 586. Copy of the preceding letter. 1{- pp. [Col. Papers, Vol. 

XV 1 1, Xo. 94.] 
Nov. 23. 587. Minutes of the Council of Barbadoes. Present : Gov. 

Willouohby, Sir Robt. Harley, Colonels John Yeamans, Edmund 
Reid, and Thos. Modj-ford, Henry Willoughby, Thos. Wardall, and 
Wm. Kirton. Two Acts to be presented to the Assembly for de- 
clarino- the laws of England in force, so far as they concern the 
public" welfare ; and for recommending the christening of negro 
children and instruction of all adult negroes, to the several mmisters 
of this place, f p. [Col. Entrij BL, Vol. XL, p. 82.] 



170 COLONIAL PAPERS. 

1GG.3. 
Nov. 26. 588. Dr. Wal. Walker to Sec. Bennet. Took time to look up, 
transcrilae, and examine his papers, whicli are long ; .sends all he 
has concerning I'Acadie ; cannot answer case propounded by Wil- 
liamson of a public minister arrested at the suit of one of his 
master's officers. [Dorn., Chas. II., Vol. LXXXIV., No. 60, Co.l, 
p. 351.] 

Nov. 27. 589. Petition of the mayors and merchants of Dartmouth, 

Totness, Plymouth, and Barnstaple, trading to Newfoundland, to the 
King and Council. Pray that the rule may be enforced prohibiting 
the carrying to Newfoundland any other persons than such as pro- 
perly belong to the ship's company or owners' employment, or such 
as go to inhabit there ; by reason of many violating this clause and 
going out as passengers to Ne-^-foundland and taking up the prin- 
cipal fishing ports, the trade is so reduced that men can only be 
found for a quarter of the ships formerly sent out, wherebj' both the 
trade and his Majesty's service suffer great hurt. Annexivg, 

Reasons for granting the petition ; the number of ships and of 
seamen fit for the King's service will thus greatly increase, handi- 
craftsmen be benefited, and the ownei's of ships will cease to suffer 
great loss through keepers of private boats drawing away able 
seamen. [Dom., Ohas. II., Vol. LXXXIV., Xo. 71, Cal, p. 353.] 

Nov. 28. 590. License for Mr. Willoughby to transport 100 horses to 
Surinam or any of the Leeward Islands. \ j). [Dom. Entry Bl:, 
CJms. II, Vol XV., p. 253 .• nho Dom., Chns. II, Vd. LXXXIV, 
Xo. 80, Cal, p. 35.5.] 

Nov. 30. 591. Gov. Eras. Lord Willoughby to the King. Has made further 

Barbadoes.' progress in settling his Majesty's revenue, and being in pursuit of 
Col. Walrond, whom Lord Willoughby had appointed President of 
the island by his former commission under the Earl of Carlisle's 
patent, for having ingrossed several sums of money, did begin to 
call him to account. But Walrond hath made his escape and run 
off from the island, and intends gomg to England, having given out 
that the King would not sanction such proceeding against him, 
Ijut would rather i-ewaixi him for services done for his late and 
]ivcM.'iit Majr-,ty. Lord Bartlye [Berkeley], who commanded in the 
West \\liri-.' those services are declared to have been done, can 
inforiii his Majesty if these allegations are true. As there is neither 
house nor gTound belonging to his Majesty in the island, nor any fit 
place for the Governor to dwell in ; prays his Majesty to grant him 
Walrond's house, which has been paid for with pieces of eight 
)-eceived on negroes bought by certain Spaniards, the money for 
which he was being called to account. This will save the charge 
of buying a house, and do a good piece of justice, Avhereby those who 
are knaves and abuse his Majesty shall receive their just deserts, 
and those who are faithful be encouraged to continue in doing their 
duty. Indorsed hy Williamson, Answered by Mr. Sec^T. 1st March 
1664. 2 pp. [Col Papers, Vol. XVII., No. 95.] 

Nov. 592. Warrant to the Attorney-General to prepare a grant to 

Whitehnll. Eiluiund Waller, junior. Whereas his Majesty has lately granted 



AMERICA AM) WEST INDIES. 171 



to Francis Lord Willouo-hby of Parliam, the island called St. Lncy, 
alias St. Lucre, alias SWa Lucia, one of the Caribbee Islands, 12 
hours sail from Barbadoes, and at present uninhabited save only 
by Cannibals or Indians, for seven years from Christmas last, 
rendering to the King one moiety of the profits thereof; his 
Majesty's pleasure is that the Attorney-General prepare a bdl con- 
tainmg a grant to Ednumd WaUer, junior, of Beaconsfield, Bucks, 
of said moiety for said term, and a further grant of said island for 
50 years from the end of said term of seven years, rendering to his 
Majesty the sum of 3?. 6.s. Sd. yearly ; with as large powers for the 
o-overning and improving of the island, and for using indulgence in 
matters i^elating to tho worship of God, as in any former precedents 
ha^-e been aUowed. 1 p. [Col. Papers, Vol. XVII., Xo. 96.] 
1G63 ? 593. Edward Bond, John Foster, and John Bayles to 

Dec 2. The occasion of these lines is to signify to liim a passage of some 
Dutchmen in the late voyage of the writers. Having been invited 
by the Raritane Indians to purchase their land, they went forth 
about 20 from several towns, and purchased a tract to their hking. 
But the Governor of Minadoes (Manhattan) sent forth a man-of- 
war to take them, but getting the weather gauge of them, the Dutch 
returned into the river. Next day the Dutch made after them 
ao-ain, but running their vessel aground, landed their soldiers and 
marched to them. The Dutch called them many base names, 
charo-ing them to depart, saying they should not purchase any 
land^'of the Indians, but if they would submit to their Government 
the Governor would purchase the land and give it to them. Told 
them they would purchase the land, as they were Englishmen ; so 
at that time the Dutch departed, but as soon as their vessel was 
afloat pursued them again. So considering they were like to be 
assaulted again, the Dutch having four guns and full of soldiers, and 
not knowing who would bear them out if taken, for the Indians told 
their interpreter the Dutch persuaded them to kill the English and 
bury them in the sand, but the Indians received theni very 
courteously, and promised to maintain their purchase, so in the 
night they got out of the river as quietly as they could. Now 
umlerstanding his expert knowledge in all afiairs of this kind, and 
tender affection towards his countrymen, they desire his counsel 
how to act, esteeming their lives not dear for the defence of his 
Majesty's just and real right, if called thereto. 2 JU^^ [Col Papers, 
Vt>I. XVII., Xo. 97.] 
1(;0:3. 594. Petition of officers and mariners late of H. M.S. Diamond. 

Dl-c 2. On February 21st, petitioners seized a Flemish ship in Jamaica 
harbour, which with her ap]iarel and furniture, negroes, and other 
goods and lading amounted to a good value, and was condemned as 
prize by General D'Oyley ; pray that they may receive a proportion 
thereof. Indorsed with an order recommending the Duke of York 
to grant the petition. [Dom., Chas. II., Vol. LXXXV., Xo. 12, 
Co.l, p. 361.] 
Dee. 4. 595. The Privy Council to the Mayor of Dartmouth. Rof|uire him 

to enforce the King's order of January 26, 16G1, prohibiting the trans- 



172 COLONIAL PAPERS. 



portation to Newfoumllaiid of any but such as are of ship's com- 
panies, or are to plant and intend to settle there, see ante, No. 7. 
\_Dom., ('has. II., Vol. LXXXV., No. 30, Cal. p. 364.] 

Dee. 7. 596. Secretary Sir Hemy Bennet, to the Earl of Southampton, 

Whitehall. Lord Treasurer. His Majesty having put all things relating to the 
despatch for Jamaica into a way, commands him to signify his 
Majesty's desire that 3,000?. be pre.sently found according to the 
assignations to that service, that the ship being ready, which his 
Koyal Highness promises shall be in its time, there may be no stay 
for money. 1 p. [Col. Papers, Vol. XVII., No. 'd^.] 

Dec. 7. 597. Minutes of the Council for Foreign Plantations. On com- 

plaint of the Farmers of Customs of the gi-eat abuses practised by the 
planters of and traders to Virginia, New England, Maryland, Long 
Island, &c., in carrying great quantities of tobacco to the Dutch 
plantations contiguous, the customs of which would amount to 
10,000?. 23er amium ; ordered that letters be jjrepared to the several 
Governors of those Plantations with in.structions for the reforma- 
tion of those abuses. Printed in New York Documents, III., 47. 
1 p. [Col. Papers, Vol. XIV., No. 59, 2^2^- 53, 54.] 

1G03 ? 598. Petition of Col. Godfrey Ashbey, Major John Harrington, 

and Capt. Tho. Gladstone to the King. In June last was 1 2 months 
in the 14th year of his Majesty's reig-n, a Dutch merchant ship came 
into Cagway Road, freighted with negroes, which Col. D'Oyley, then 
Governor, bought contrary to the Act of Prohibition of T]-ade with 
Foreigners, and when Capt. Whiting of H.M. ship Diamond seized 
them for his Majisty's use, D'Oyley made retrival of them and 
sold 40 of thrill to ]\laii)r John Coape, and the rest to Spaniards. 
Pray his Majesty to licstow these 40 negroes upon petitioners, who 
have always served his Royal father and himseK in the wars and 
are now in want. 1 p. [Col. Papers, Vol. XVII., No. 99.] 

1GG3. 599. The King to Edward D'Oyley. Whereas there was seizure 

Dec. 8. made in 1661 by H.M.S. Diamond of a Flemish vessel in the 
Whitehall, harbour of Jamaica called the Martin Van Rosen, of Middleburgh, 
whereof Leonard Johnson was master, which vessel and her lading 
being condemned a.s lawful ])rize, one moiety thereof belonged by 
virtue of a late Act of Parlian:ent to the oiBcei's and mariners of the 
Diamond who seized her, his Majesty requires him to give a speedy 
satisfaction to them for said moiety. Signed by the King and 
countersigned hg Sec. Bennet. 1 pi^ [Col. Papiers, Vol. XVII., 
No. 100.] 

Dec. 8. 600. Copy of preceding letter, wherein the Flemish vessel is 

Whitehall, called the St. Peter, Peter Johnson, master. 1^). [Bum. Entry Bk., 
Chas.IL, Vol.X.,p2y. 1-23, 124.] 
1663 ? 601. Memorial of Mr. Morgan to Sec. Bemiet. That a commis- 

sion be provided for the benefit of his Majesty's service and a 
propoitionable entertainment. Convenient ship room for train, 
baggage, and provisions, with advance of monies for equipage 
necessary for so great a voyage. That means be provided for the 



AMERICA AND WEST INDIES. 173 



1663? 



transport of carpenters, masons, and other artificers, without wliom no 
fortifications can be made, with materials and ammunition of all sorts. 
Also a secretary, a minister with his chaplain ; has one fit for that 
service, being his son's tutor, and a good linguist. That time be allowed 
for business after the receipt of monies before embarkation. That 
scope be given in his instructions to do his Majesty the best service 
for he has. had -iO years' experience, and was commissioned for 
Colonel General of South Wales by his Majesty in 1649, which he 
hopes will secure him from having others put over his head, thouo-h 
from respect to his Majesty's service, he submitted to go with Lord 
Marlborough. That if he can spare monies, he should like some- 
thing more a year, and something to a substitute, to the major, and 
all the business can be as well done as with three chief ofiicers. 
Knows a Brabanter who has Spanish, French, and some En>dish, 
and served eight years as major with Prince Maurice of Nassau in 
Brazil, and since as Colonel in Danish and Venetian service, who 
understands service in hot climates. That as his Majesty has pro- 
mised to speak to the Lord Treasurer about memoralist's pension 
and arrears, amounting to 600/., he will draw up an order for the 
same, and also pass by the infirmities of a rude and illiterate pen, 
for his mind is right and just. Indorsed, Mr. Morgan's desires 
going Lieut. Governor to Jamaica. Col Morqan's Commission to 
he Beputij Governor of J,nn,iic.i is dofcd IS/// Jomn, ,-^/ 1GG4^ see 
Xo. 6iO. Upjx [C'oI.l'<ij>rrs,V„/. Xn/.,Xo.l()l.] ' 

1663. 602. Warrant for Privy Seal of 3,000/. to be paid to Edw. 

Dec. 11. Morgan .... for his Majesty's service for Jamaica { /; 
[Bum. Entry Bk, Chas. II., Vol. XV., p. 275,] 

Dec. 14. 603. Jo. Scott to Joseph Williamson. The English on the 
New En.'^lmd ^^*^®^ ^"'' ^^ ^°^^» l&la.nA on the main adjacent, for many years 
" ' ■ having been enslaved by the Dutch, their cruel and rapacious neigh- 
bours, have at last asseiied the King's interest to his just rights in 
themselves, though to their utter ruin, had not the gentlemen of 
Connecticut stept in and demonstrated themselves a people jealous 
of his Majesty's concerns then Ijang at the stake. Knowing this 
service may be blasted by wrong measure from the Dutch agent 
or his emissaries without some care, he does in liclialf nf tlic ^ciTtli'- 
men relieving and persons in distress, bescfdi ^\'illialll^(lll tdXaMat 
any address being fully heard until some jteiscjii conuiiissiiiiinl fVoni 
New England be there to confront the Dutch or their complices. 
Begs he will communicate this business to Sir George Cartwrioht, 
with inclosed letter from a Committee of said relieved subjects of 
his Majesty. His service to [Thos.] Chiftinch. Printed in Xeio 
York Documents, III, 47, 48. 1 p. [Col. Papers, Vol. XVII 
No. 102.] 

Dec. 15. 604. Minutes of the Council of Jamaica Ordered tliat rules 

Point Cagua. j.e drawn up for the Assembly, by Lt.-Coll. Lynch, Capt. John Man, 

and Sec. Povey. That Capt. Man and Sec. Povey sell the lead, iron! 

and other stores, for continuing the building of Fort Charles. ' That 

Col. Barry bring in a list of his regiment, of how many P'renchmen 



l7Ji COLONIAL PAPERS. 



1GG3. 

and their arms. That Mr. Johnson's petition foi- a debt be examined, 
i p. {Col. Entry Bl:, No. 37, ix 23.] 

Dec. 10. 605. Minutes of the Council for Foreign Plantations. On con- 
sideration of the abuses complained of by the Farmers of the Customs, 
touching the selling ot tobacco to the Dutch Plantation and thereby 
defrauding his Majesty's revenue, ordered that said farmers, who 
propose to send officers to the Plantations complained of, for pre- 
venting said abuses in future, be desired to draw up a model or form 
of what they propose and how they would have the assistance of 
the respective Governors. Printed in Keiv York Documents, III., 
48, 49. h x>- {Col Papers, Vol. XIV., No. 59, p. 54.] 

Dec. 18. 606. John Allen to [the See. of thcKoyal African Co. ?] In Nov. 
l(iG2, Francis Selwjm and Thomas Allen went factors for the Royal 
Company for Cormantin upon the coast of Guinea. Some members 
of the Company have taken a prejudice agamst them through a 
report that they are private traders. The Committee are now 
ordering seven persons at Cormantin monthly to take turns to be 
chief, but Thomas Allen, who went with the fii-st, notwithstanding 
there is nothing upon record against him, is left out. Begs that 
he may have preferment, according to the time of his going over, 
having been bred 10 years a merchant beyond sea, and very able 
to do business. /nc?or.sef?, Octob. (sic) 18, 1663. 1 p. \_Col. Farters, 
Vol. XVII., No. 103.] 

Dec. 18. 607. Pass for Mr. Reid to transport 100 horses to Barliadoes. 
i p. [Dom. Entry Bl:, Chas. II., Vol. XV., p. 279.] 

Dec. 19. 608. Nath. Cale to Williamson. Imprisoned Wylde for compli- 
city in the plot to surprise Bristol, and drew a confession from him. 
Wylde was prisoner six months, and is now gone to Virginia. \Dom , 
Vhas. II., Vol. LXXXVL, No. 20, Col, p>. 381.] 

1663 ? 609. Mem. of Despatches necessary for the St. John Baptist, 

Capt. , viz., an order from the King to the Governors of 

Jamaica, Barbadoes, and other places, of safe conduct for said ship 
with her lading and negroes, and for Giles Lytcott or any other 
merchants that shall go upon her ; also a similar order to com- 
manders of the King's ships, a pass from the Duke of York, and the 
Company's orders to then- factors for delivery of the negroes. In- 
dorsed by Williamson, " Siv Martin Noell." l\ pip. [Col. Papers, 
Vol. XVII., No. 104.] 

16G3 \ 610. The Kings warrant to the Governors of Barbadoes and 

Jamaica, and all officers by sea and land, of safe conduct for the 
St. Jean Baptist to carry negroes to the Spanish Indies and bring 
back money and merchandise from thence to pay for same, the 
Royal Afi'ican Company having agreed to carry down a parcel of 
negi-oes they have sold to Don Domingo Grillo and Don Ambrosio 
Lomelin, of Madrid, npon which ship Giles Lytcott goes principal 
factor on behalf of said Company. Draft with corrections by Wil- 
liamson. U pp. [Col. Papers, Vol. XVII., No. 105.] 



AMERICA AND WEST INDIES. 



175 



1GG3. 
Dec. 22. 

Whitehall. 



Dee. 22 ? 

AVhitehall. 



Dee. 22. 

WhitehaU. 



Dec. 24. 



Dec. 2" 



Dec. 30. 

Barbadoes. 



1663 ? 



611. The King to Lord Willoughby, Governor of Barbadoes, and 
all his Majesty's officers by sea and land. Blank form of pass for a 
.ship to sail from a port in Spain to Tangiers and Barbadoes, there to 
lade negroes delivered by factors of the Royal African Company, and 
to sail to any port of the Spanish dominions in America. Signed hy 
the King and countersign&l by Sir H.Ben net. Tivo copies. 1|:). 
[Col. Papers, Vol. XVII., A^os. 106, 107.] 

612. Copy of preceding, unsigned and undated. [Col. Papers 
Vol. XVII., No. 108.] 

613. Entry of the above. Ih pp. [Col Entry Bk.. Xo. '.)S, pp. 
47, 48.] 

614. Warrant to pay 3,000/. to Edward Morgan, to lie employed 
for his Majesty's use in Jamaica. [Dom., CJuis. II., Docquet.] 

615. Warrant to Sir Ralph Freeman and Henry Sling.sby, Master 
and Worker of the Mint. To cause all gold and silver brought to 
the Mint for the use of the Royal African Company to be coined 
■with a little elephant thereon, as a mark of distinction from the rest 
of his Majesty's moneys, and an encouragement to the Company. 
And to cause the pound troy of gold hereafter to be cut into 44 
pieces and a half, the whole piece to pass for 20s. and the half for 
10s., and so in proportion for other coins. 1 p. [Dom. Entry Bk., 
Cha.s. II., Vol. XV, pp. 281, 282.] 

616. An establishment allowed by his Majesty for the island of 
Jamaica, beginning ifi'om 2.5 Dec. 1663. For the Governor, 1,000?. ; 
Deputy Governor, 600?. ; Major, 400?. ; and for the officers and sol- 
diers who are to keep a fort for the security of ammunition, 500?., 
in all 2,-500?. Signed by the King, Lord Treasurer Southampton, 
Duke of Albemarle, and Sec. Lord Arlington. [Col. Entry Bk., 
Xo. XXVII, p. So.] 

617. Francis Lord Willoughly to Sec. Sir Henry Bennet. Re- 
quests him to lay before the King certain papers concerning his 
proceedings with the French Governor of Martinico, for his Majesty's 
commands [.<( , ,int'\ Xos. .581, 582]. Has heard that the Duke of 
York lias maiit'd to Col. Barwicke of Barbadoes his commission as 
Vice-Ailiiiiral, \\ liich he can only conceive to be some mistake, or an 
assumption on the part of Col. Barwicke, as the King's commission 
created himself Vice-Admiral in those seas, with power to hold 
courts of Admiralty. Will desist acting anything in relation there- 
imto till he receive advice from Sir H. Bennet ; and has written to 
the Duke of York praying for his commission and pardon for his 
neglect in not asking for it before, in which and all other matters 
he begs the Secretary's assistance. 2 pp. [Col. Paprr^i, Vol XVII. , 
iWl09.] 

618. The Company of Royal Adventurers trading into Africa to 
[the King]. Humbly represent that the trade of Al'rica is so neces- 
sary to England that the very being of the Plantations depends 



176 COLONIAL PAPERS. 

1G03. 

ui)on the ^ujiply of negi-o servants for their works. This trade was 
at the time of his Majesty's restoration managed by particular 
adventurers, who were so far fi-om any possible design of having 
forts or asserting the honour of the nation that they were a constant 
prey to the Hollanders and were quite tired out of the trade by their 
great and frequent losses, of which they brought in clear jiroofs to 
the Court of Admiralty ; so if his Majesty had not establislied a 
company the nation had probably by this time been quite driven 
out of it. The Company under the special management of the Duke 
of York sent oiit this last j'ear above 100,000/. in cargoes, have 
jilentifully supplied the coast to the great satisfaction of the natives, 
furnished all the Plantations with negro servants, set up new manu- 
factui-es at home and improved the old, vented a great many native 
commodities, employed above 40 shijis, and doubt not they .shall 
import very considerable quantities of gold and silver, as they have 
already begun. They have built forts and factories in Africa and 
repaired others, and have no European rivals but tlie Hollanders ; 
liut as to them, experience of the past gives just cause to ajaprehend 
what is intended for the future. For as the annexed extracts of 
letters pi'ove, the Dutch have endeavoured to drive the English 
Company from the coast, have followed their ships from port to port, 
and hindered them coming nigh the shore to trade ; they have 
])ersuaded the negroes to destroy their servants and to take their 
forts, have seized their boats and goods, violently taken possession 
of Cape Coast, and shot at his Majesty's Royal flag. To complete 
the former indignities, one Valckenbm-gh, Director-General of the 
West India Company in Africa, has sent a protest [see ante, jVo. 467] 
to their factors, in which he challenges the whole trade of Guinea as 
their propriety, by right of conquest from the Portuguese ; of which 
having'sought remedy by means of Sir George Downing [see Xo. 545] 
the Companj^ have received no satisfaction. In a word, not^vdth- 
standing a stock so considerable, and the many good ships of force 
and the land forces they have sent, had it not been for the counte- 
nance of some of his Majesty's ships, to give the Company a respect 
in the eyes of the natives and preserve their forts, the Company had 
ere this been stripped of their possessions and interest in Africa ; 
Cormantin Castle itself being in extreme danger when the Marma- 
duke and Speedwell arrived there. The Dutch have sent a second 
protest [see ante. No. 553], in which they say they will force the 
English from their ports if they do not quit them. Indorsecl, The 
Royall Company, losse of whole trade in Affrica. Annexed, 

G18. I. Extracts of letters from Cormantin and other places in 
Africa. Calendared ante, No. 507. Together 5 2U>- [Co?. 
Pajm-s, Vol XVII., Kos. 110, 111.] 

IGliS. 619. Acts passed in the i.sland of Barbadoes dui'ing the year 

1663, in continuation of those of 1662, entered ante, No. 400 : — 
No. 34. An Act concerning ships and the duty of the master or 
merchants ujjon their arrival, with the appointment of 
the impost of powder and tunnage. 1st July 1663. 
„ 35. An additional Act to the Act of Highways. 



AMERICA AND WEST INDIES. 177 



1663. 

No. 36. An Act for settling an impost on the commodities of the 

growth of this island. 12th Sept. 1663. 
N.B.— The'Act next following, viz., No. 37, is dated 26 July 1667. 
[Col. Entry Bk., Ko. 1.5, 2'p. 52-58.] 

1663. 620. Description of Jamaica, surveyed by Sir James Modyford. 

Size and situation of the island. Cagway the best navigable river. 
Strength of the fort at entrance of harbour. Names of towns and 
numbers of houses ; many fallen into decay since the first arrival 
of Gen. Venables. Account of the country called Lygonee, with 
about 600 inhabitants, where Col. Barrow's regiment is quartered ; 
of the settlements of Yealoth and Morant, whither Col. Stoke came 
from Nevis with 1,.500 planters, but these are much lessened. 
Harbours of Ports Moranto and Anthonis, where Lord Carlisle's 
servants are. Soil, cattle, fish, and fowls. Sugar works ; the best 
make between 20,000 and 30,000 of sugars a week, which sell beyond 
the Barbadoes 50 per cent. ; and other manufactures. The island 
formerly sickly because the woods were not opened, and also by 
reason of the intemperance of the inhabitants. 5 pp. [Cul. Entri/ 
Bk., X'o. 92, 2^p- 253-258.] 

1663. 621. Account of the private ships of war belonging to Jamaica 

and Tortugas in 1663. 11 frigates and brigantines belonging to 
Jamaica, carrying 740 men and 81 gims, imder Sir Thos. Whet- 
stone and Captains Swart, Gaye, James, Cooper, Morris, Brenning, 
Manfield, Goodler, Blewfield, and Herdre, manned with English, 
Dutch, and Indians, besides four others. Also three small ships, 
carrying 100 Jamaicans and 12 guns, under a Dutch captain, 
Senolve, which have left the island. Four ships and boats belong- 
ing to Tortuga, carrjdng 258 men, all Frenchmen, and 32 guns, 
under Captains Davis, Buckell, and Colstree, and a Portuguese. 
1 p. [Col Papers, Vol. XVII., No. 112.] 

1663. 622. to -. Argues that that which gives a nation right 

to countries undiscovei'ed is a primary discovery, and that those 
places we pretend to, in behalf of the King, were by his predecessors, 
at a vast expense of treasure and of life, discovered and long after 
hidden from those who now presume to possess them. Quotes the 
discoveiies of Sebastian Cabot, Clement Adam's map of same, Ramu- 
sius' pi-eface to third vol. of Navigation, the sixth chapter of the 
third decade of Peter Martyr, and Fran. Lopez de Gomara in fourth 
chapter of his history of the West Indies. The improvement of 
these discoveries obstructed at first by the troubles in Scotland, 
neglected by Edward VI. and Queen Mary, but prosecuted and im- 
proved by Elizabeth. Names of persons of quality sent out to take 
possession, the first Capt. White, most of whom perished in those 
designs with the loss of at least 5,000 of her Majesty's good subjects. 
Those lands between the east end of Long Island and Delaware Bay 
perfectly discovered by Henry Hudson, an English gentleman, at the 
proper charge of Sir John Popham, Quarles and Jackson, two mer- 
chants of London, by King James' permission with three ships, well 
equipped. Diftei'ences between the mariners and Hudson, his im- 

XI 6U5. M 



178 COLONIAL PAPERS. 

1C63. 

prisonment, but immediate release by the King's orders, and after- 
wards going to Holland where he sold his maps and cards to the 
Dutch ; their cruel conduct, committing him to sea in a small boat 
after they had got what they could of him. Sending the j'ear 
following two ships ,to trade with the natives of Hudson's river, 
which they continuing, his Majesty, though naturally inclined to 
peace, commissioned Sir Samuel Ai'goll to demand satisfaction of 
said Dutch or any other strangers trading there, and to forewarn 
them for the future upon confiscation of ships and goods, which was 
accordingly efiected. The religious differences in 1G20, the reason 
of many nonconformists removing to Holland for liberty of con- 
science, where they hired a ship of 500 tons to transport them, to 
the number of 460 persons, to Hudson's river or the west end 
of Long Island, but the Dutch breaking faith landed them 140 
leagues from the place N.E. in a barren country, since called Ply- 
mouth, and themselves in 1621 settled a factory in said Hudson's 
river through fi-aud and treachery, to the wearing out of our English 
interest in that place, and contrary to their engagement to Argoll 
that they would come thither no more ; so that in pursuance of said 
engagement all the Dutch have there, both ships and goods, stand 
liable to confiscation. Account of proceedings before the late King 
in Council between 1632 and 1638 occasioned by Col. Powell, but by 
the specious promises of the Dutch, the business of asserting the 
King's interest so as to have possession thereof was obstructed, and 
afterwards not minded by reason of the cruel and unnatural troubles. 
Of the incredible and injurious insolence of the Dutch towards the 
English and their treachery to the poor natives, will give but one 
instance, that of Daniel How, who in 1638 purchased lands of the 
natives of the west end of Long Island and settled the same, but 
the Dutch Governor forcibly drove the planters away, imprisoning 
some, whereupon the Sachem that sold the lands declared publicly 
he had done so, for which assertion the Dutch cruelly murdered 
him, staking him alive. Within these six years the Dutch forcibly 
entered a town pm-chased of the native Prince for 500?. by one Bell, 
who had peopled the same. Trade has been wrested from the English 
merchants, as may be seen by the Dutch returns of last year, 1662. 
This miserable state of English interests in that part of the world calls 
aloud for remedy, that they may no longer sustain the intolerable dis- 
grace of submitting to the intrusion of such monsters and bold usurpers. 
Two copies. 3 ^j). [Col. Papers, Vol. XVII., Nos. 113, 114.] 

1663, 623. Notes by Williamson concerning New England. They had 

then a quarrel among themselves between the Rigid Independents, 
who were the first colonists, and a larger opinion under one Stone, 
who if let alone that year would have fallen in pieces. Mavericke 
was of aU men the woi'st to do it ; debauched (?), idle, and under 
great prejudices. Cartwi-ight persuaded himself to be a Jesuit by 
old BeUingham, of the Society of Jesus. Sir R. Carre, a weak man. 
The boundary of Connecticut is forfeited. Twenty-two seaport 
towns would have been cut off". 1 p. [Col- Papers, Vol. XVI I., 
No. 115.] 



AMERICA AND WEST INDIES. 



179 



1663 



1663 



16G3 



1664. 
Jau. i^ 



Jan. II. 

Whitehall. 



624. Notes liy Williamson concerning New England. The 
Nan-agansett Plantation, first framed by certain English, who 
retiring for scruple of conscience about 1G43, upon application 
obtained a charter from the Committee for Foreign Plantations 
under the Parliament, empowering them to choose their own officers 
and to make laws to be as near as might be to the laws of England, 
and upon these have framed a body of laws, yet all writs proceed 
in the King's name. This charter was renewed by the King in 
I66I or 1662. About 1620 the Dutch first encroached upon the 
north parts of New England, but only in trade, not pretending to 
make a colony there, much less any sole propriety. 2 pp. \Col. 
Papers, Vol. XVIL, A'o. 116.] 

625. Notes by Williamson concerning the Plantations. These 
relate chiefly to New England. Sir Feixl. Gorges about to be 
sent Governor in 1634. Edw. Winthrop's papers. Settlement of 
the first planters of New Plymouth because they would not 
conform. Winthrop though a lajTiian preached to them, and 
even married them, of which he was accused in England in Sec. 
Coke's time. They were called in question for being Brownists 
while Coke was Sec. The Dutch plantation in New Netherlands 
opposed by the English as an usurpation, 1639. No vessel with 
passengers or victuals allowed to sail to New England without a 
license from the [Council] board. Isle of Kent planted in 1631. 
Names of the principal undertakers for the Massachusetts Bay in 
1629. A great plague in 1622 or 1623, which swept away all the 
natives for 60 miles in diameter, in that part where the Massa- 
chusetts are since settled. Three years after Winthrop's arrival 
there were 2,000 persons. The Government ; informations of Sir 
Chi\ Gardiner, Morton, Ratcliffe, Bull, Downing, and Wiggin. King 
James's Letters Patent for establishing two colonies, kc. kc. 4 pp. 
[Cul. Papers, Vol. XVIL, Xo. 117.] 

626. Hemy Killigrew to Williamson. Desires him to prepare a 
warrant for passing a grant for those shares of land in Bermudas 
that were belonging to Cornelius Holland, Owen Rowe, and Sir John 
Danvers, similar to a grant made long ago to the writer by the King 
and Duke, see ante. No. 231. [Dom., Chas. II., Vol. LXXXVIIL, 
Xo. 39, Cal., p. 403.] 

627. Henry Parker to John Thomson [alias Edw. Riggs to 
Sec. Bennet]. There are more fanatics in Rotterdam than any- 
where else. Understands that Wheeler and Ludlow are in the 
HoUand plantation in New England, and reported to be well. 
{Dam., Chas. II., Vol. XC, Xo. 1, Gal, p. 426.] 

628. The King to Lord Willoughby. Has received his letter 
of Nov. 4, relating the misfortune Avhich had befallen Barbadoes by 
the caterpillars and worms devouring the fruits of the island. 
Promises some ease from the hardships complained of through the 
Acts of Navigation. The complaints against the French Governor 

M 2 



180 COLONIAL PAPERS. 

1664. 

ai-c just, and he is left to take -what order with him is requisite. 
The island of St. Vincent has not Ijeen granted to anyone, nor shall 
any islands under Lord Willoughby's command Le disposed of with- 
out he is first consulted. The King has good hopes of the pros- 
perity of Jamaica, and will send a commission to Col. Mod-^'ford to 
he Governor, with power to do all things requisite for the good 
cstalilishment thereof, wherein Lord Willoughby shall help him. 
Approves of raising a regiment and giving them the Royal colours. 
A ship of war shall be placed at his service if the exigency of 
affairs will permit ; and the guns desired shall be sent out. Rough 
rlrufi ;n Wniin-nwon'f^ havdv-nfhyq. U rm. [Col Papers, Vol. 
XVIIL, .Vo. L] ■ ' 

1664 ? 629. Proposals in the hand^vi-iting of Col. Thomas Modj^ord. 

That a fiigate and three or four other vessels, well provided with 
arms and ammunition, be appointed to carry passengers to and from 
the Leeward Islands and " this place " [Jamaica]. The planters, 
especially for the fir.st two years, to consist only of freemen who 
best know the manner of the country in building and planting, to 
be disposed of in townships of 50 men each, to have a portion of 
land assigned and increased according to ability in the management 
of it. A free passage to be given to the first 1 ,000 men, everyone 
to have the right to demand 100 acres of land; at fii'st the Govern- 
ment must be military, Ijut the chief encouragement will be an 
assurance of equal liberties with the Governments of England and 
Barbadoes. The first plantations to be at the river's side, well 
stocked, " it will feed millions of cattle." The ground is already 
" bared," so that provisions, commodities, &c. may be sown, and if 
licensed to import cattle and horses from Brazil, Cape Verd, &c. no 
other wealth would be needed, cows being cheap and in great 
plenty in those places. It must be considered that Barbadoes 
cannot last " in an height of trade three years longer." A place 
must therefore in prudence be presently thought upon where this 
great people should find maintenance and employment. 20,000?. 
put in honest and active hands would in a short time return a fair 
revenue to the common treasury. 2 jip. [Col. Papers, Vol. XVIIL, 
Ko. 2.] 

1664 ? 630. Propositions which it is humbly conceived will be for 

his Majesty's ser\'ice. That Col. Thos. Modyford may have power 
— to give liberty of conscience in Jamaica ; to grant land at his 
discretion ; to make declaration in all the Caribbee Islands that 
there shall be no custom paid at Jamaica for 21 years ; to call in 
all private men-of-war ; to proceed against those who refuse and 
continue pirates or take commissions fi'om other princes ; to settle 
an Admiralty there ; to give assurances to Spanish subjects of free 
trade at Jamaica ; and that, for the security of the island, his 
Majesty keep a ketch there for olitaining intelligence ; and that the 
ship now going be victualled for 12 months, that she may return 
to the Caribbee Isles for planters. 1 p. [Col. Papers, Vol. XVIIL, 
No. 3.] 



AMERICA AND WEST INDIES. 181 



1G(j4 ? 631. Propositions concerning Jamaica. That letters be written 

to Lord Willoughby, to permit Col. Modyford to make public decla- 
ration in Barbadoes and the Leeward Isles that freemen desiring to 
go to Jamaica may repair to him ; and to Col. Modyford to give him 
notice that his Majesty has appointed him Governor of Jamaica, 
with instructions what conditions to offer to such as will go with 
him. That it be left to Col. Modyford's discretion what land be fit 
to be granted to single persons, families, and servants, but to be 
granted to them and their heirs for ever at a peppercorn rent ; and 
that he declare publicly that there shall be no custom paid at Jamaica 
for 21 years ; for without order concerning these latter it is conceived 
that freemen will rather go to the Dutch and French plantations 
than to Jamaica. Indorsed by Sec. Bennet, Mr. Kendal's propo'' 
concert Jamaica. 1 }'>. [Col. Papers, Vol. XVIII., No. 4.] 

1GG4. 632. Mem. that a letter be sent to Lord Willoughby to permit Col. 

Jan. ? Modyford publicly to invite planters to go to Jamaica, and the terms 
he may otier to encoui-age them to do so. A ship ready to go to 
Barbadoes with such despatches. Indorsed by Williamson, " Every 
person to have so much as he can well plant and manage. Jones, a 
Wiltshireman, a preacher." i j*. [Col. Papers, Vol. X VIII., No. 5.] 

Jan. i 633. The King to Lord Willoughby, Governor of Barbadoes. 

Whitehall. Whereas his Majesty has made choice of Col. Modyford to be Governor 
of Jamaica, whither his Majesty has ordered him to transport himself 
from Barbadoes, with instructions for perfecting the settlement of 
the island of Jamaica, and particularly for furnishing it with a suffi- 
cient number of planters ; commands him to permit Col. Modyford 
to give public notice thereof in Barbadoes, and to invite persons to 
plant in Jamaica, and to be aiding and assisting as there shall be 
occasion. 1 1^ [Col. Pu'pers, Vol. XVIII., No. G.] 
Jan. ? 634. Draft of the preceding, with corrections in Williamson's 

hanihvriting. \ p. [Col. Papers, Vol. XV III., No. 6*.] 

Jan. 11 ? 635. The King to Col. Sir Thos. Modyford. Has chosen him to 
be Governor of Jamaica, for which he shall in due time receive his 
Majesty's commission and instructions ; but in the meantime, by the 
advice and authority of Lord Willoughby, he is commanded to pub- 
lish in Barbadoes and the Caribbees, by proclamation or other means, 
his Majesty's intentions to plant and settle said island and to 
invite settlers, with assurances of protection, liberty of conscience in 
matters of religion, and free grants of as much land as they are well 
able to plant and manage. Draft, with corrections in the hand- 
uritmg of Willicun.son. 1 jx [Col. Papers, Vol. XVIII. , No. 7.] 

Jan. IG. 636. The King's warrant to the Attorney-General to prepare a 
bill under the Great Seal containing a grant to Thos. Elliot, groom 
of his Majesty's bedchamber, of mines to be discovered in a certain 
mountain adjoining the river Seganectucke, in Nova Scotia, for the 
term of .31 years, all ore to be brought to this kingdom, and the 
usual duties thereon to be paid, and one-fom-th part to be reserved 
for the King's use. [Dom. Entry BL, Chas. II, Vol. XVI., p. 12, 
and Vol. XXL, p. 12.] 



182 COLONIAL PAPERS. 



IGG-i ? 637. Draft of a letter in the handwriting of Williamson to Lord 

Windsor. As his Majesty has designed the Earl of Marlborough to 
succeed his Lordship in the Government of Jamaica, requests him 
to send an account of the condition wherein he found and left the 
colony, with any other observations and lights his Lordship hath by 
him or can furnish, without which Williamson is not sufficiently 
instructed to draw up the necessary instructions and despatches, 
and he cannot acquit himself as he ought of his Majesty's commands. 
1 p. {Col. P<ipers, Vol. XVIII., No. 8.] 

16G4. 638. Lord Windsor to Joseph Williamson at Sec. Bennet's lodgings 

Jan. 17. in Whitehall. Sends copy of his instructions, of which also Sec. 
Jamaica. Morrice has a copy. Knows not of any papers he either has or had 
that might be serviceable to the nest Governor, only those which 
by the King's order he delivered to Sec. Bennet, by reason the con- 
dition of Jamaica was quite altered by his Lordship's coming, being 
before under no civil government, and left by him regulated to the 
laws and government of England. Indorsed, Kec. 25*'^. 1 «. [C'ol. 
Papers, Vol. XVIII., Ko. 9.] 

Jan. ? 639. Notes by Williamson of a commission in 1 2 article.s, headed 

" The Old Commission of Lord Windsor," the same as were given in 
full to Col. D'Oyley, Feb. 8th, 1661, see ante. No. 20. 1 «. [Col. 
Papers, Vol. XVIII., No. 10.] 

Jan. 18. 640. Commission to Col. [Edward] Morgan, appointing him 
Deputy-Governor of Jamaica, to command in chief in the absence of 
Sir Thos. Modyford, Governor there. His instructions are dated 
27 Feb., see No. 674. =;- p. [Dora. Entry Bk, Chas. II., Vol. XX., 
p. 7.] 

Jan. 19. 641. The King to Edward D'Oyley, Esq. Whereas seizure was 

made in 1661 by the Diamond in Jamaica harbour of the Flemish 
ship Martin Van Rosen, Leonard Johnson, master, which with her 
lading of negroes and goods was condemned as lawful prize, and one- 
third part by virtue of a late Act of Parliament belongs to his 
Majesty, the same is hereby commanded to be paid to Philip Howard. 
Signed hy the King cmd countersigned hy Sec. Sir Henry Bennet. 
1 p. [Col. Papers, Vol. XVIII., No. 11.] 

Jan. 19. 642. Copies of the preceding. — one copy dated 24th Feb. — are 

entered in Dora. Entry BL, Chas. II., Vol. XVI., pp. 13, 51. 

1664? 643. Note of the seizin-e of the above ship, and confiscation of 

her goods and negroes by Col. D'Oyley to the value of 650?., whereof 
one-third belongs to the seamen for which his Majesty hath passed 
an order [see ante. No. 599], one-third to the Governor, and the rest 
to his Majesty which is in the hands of Col. D'Oyley. l p. [Col. 
Papers, Vol. XVIII., No. 12.] 

1664. 644. Minutes of the Council for Foreign Plantations. Debate 
Jan. 19 - - - _ 6 - . _. . ^ 



on the model or form proposed by the Farmers of the King's Customs 
to be ]nit in practice by their officers, which at their own charge 
they propose to send to Virginia, New England, Maryland, Long 



AMERICA AND WEST INDIES. 183 



■ 1CG4. 



Island, and other Plantations, for preventing the defrauding of his 
Majesty's Customs, Committee appointed to contract same into as 
few and brief heads as they can and add the Earl of Anglesey's 
proviso limiting the proceedings of such officers by the late Acts of 
Navigation. Printed in New York Bomments, III., 49. i p. [Col. 
Papers, Vol. XIV., No. 59, p. 55.] 
Jan. 25. 645. Deposition of John Haines taken before Sir Chas. Lyttelton 
Jamaica. Judge of the Principal Court of Admiralty. About March last, being 
an inhabitant amongst the Spaniards he heard that a party of English 
belonging to Captain Swart being landed near the river Cant, a 
party of men under Andrea de Ceseneras and Don Alonzo de Fonseca 
were sent to take them, who having met with and slain 11 of them, 
found 17 more, in a small wood in a Savanna, prepared to defend 
themselves. Whereupon the Spaniards, by showing their dead com- 
rades, displaying their own force, and promising that they should 
have fair quarter, and be sent to St. Jago on Cuba, and from thence 
be shipped to Jamaica, induced them to lay dovra their arms ; but 
in the night killed them all. Has heard all this from Andreas 
Hidalgo, one of the Spanish party. Has also seen the bones of the 
17 men lying as they were slain, within a compass of 5 yards square, 
and has heard that the magistrates of Baiam sent to the Spaniards, 
not to bring in one Englishman alive. And further the Major of 
Baiam having heard that Nicholas Rion and Francis Peron were 
trading with the Spaniards in the river Civilia upon Cuba,- sent his 
son Don Alonzo de Fonseca, with seven or eight men to kill the Com- 
pany and take their barque ; which they effected by inviting two of 
them ashore, on pretence of giving them a beef, and sending three 
of those with whom they were accustomed to trade on board, who 
stabbed Nicholas and Francis ; and when the last man jumped over- 
board and swam to shore, he was lanced to death by those who had 
killed the other two. This took place in April last and has heard 
that all the actors declare it to be truth. The captured barque was 
of Jamaica. 2 a p>p>. {Col. Papers, Vol. XVIII., No. 13.] 
Jan. 20. 646. Consultation held by Captains Quick, Facy, and Fenn, and 

Gambia. John Ladd, Thomas Darcy, Wm. Glanvill, Edward Jones, and Patrick 
Robertson, factors and officers of the Royal African Company. 
Upon receipt of a letter from Major Holmes, dated the 23rd inst., 
from Goree to John Ladd, with news of the surrender of said island 
and desiring him to come thither with all expedition, and with as 
many men as possibly could be spared for keeping possession of the 
island ; said Council think it expedient to do so for the following 
reasons. It is a strong fortified place where the ship may con- 
veniently ride and has been the chief Dutch factory for all the north 
parts of Guinea. That if it please the Company to keep possession of 
said island, no nation can have any trade in any of those north 
par-ts, and it lies so conveniently for aU ships coming out of England 
for South Guinea, that it is not six hours sail out of the way to 
touch there. \\ pix [Col. Papers, Vol. XVIIL, No. 14.] 

Jan. 29. 647. Report of Sirs John Berkeley, G. Caiieret, and _W. Coven- 

try e. Have discoursed with several persons well acquainted with 



184^ COLONIAL PAPERS. 



the affairs of New England, some having lately inhabited on Long 
Island, where they have yet an mterest. That the Dutch on those 
colonies do not exceed 1,300 men, the English who live inter- 
mixed with them being about 000 men. That from the colony of 
New Haven, where Mr. Winthrop commands, and fi-om the east end 
of Long Island, which consists of English, may be gathered in eight 
or nine days 1,300 or 1,400 men, bes'ides other English which will 
co]ne freely from other colonies, and a probability of engaging the 
Indians if need require, so it seems very probable the Dutch may 
either be reduced to his Majesty's obedience or dispossessed of their 
usurped dwellings and forts if the King will send three ships and 
about 300 soldiers under good officers, with provisions as per list ; 
the pay per month would be 369^. 12s. If thought fit to proceed in 
this design letters must be sent from his Majesty to the several 
Provinces in New England to be aiding and assisting therein, and 
that all possible diligence be used in regard to the season. 2 pp. 
{Col. Pcqxrs, Vol. XVI I I., No. 15.] 

Jan. 29. 648. Deposition of Charles Hadsell, commander of the Pro.sperous 

Jamaica. of London, taken before Sir Charles Lyttelton, judge of the Principal 
Court of Admiralty there established for the American seas. Touch- 
ing his capture by Captain Juan de Sota, of the Spanish ship St. 
Christo, of Maracaia, and his being carried prisoner to St. Domingo, 
where he petitioned against this wrongful seizure, and to be sent to 
Spain to get satisfaction for his losses, amounting to 3,000/,., but was 
refused. After 14 months' imprisonment was sent to Havannah, 
whence he escaped in a canoe with five other English prisoners. 
Two of these English prisoners, Wm. Han-is and Wm. Garrett, sailed 
under Col. Cham Arundell, and Harris says that Ai'undell and his 
company were surprised in the Bay of Matanzas, and carried to 
Puerto Principe, where, after a month's imprisonment, Arundell and 
Bartholomew Cock, his master (about June 1GG2), were taken out 
by negroes into the bush and mm-dered, and that he saw them bring 
Col. Arundell's head into the town, while the rest of them were 
saved by a Flemish friar, who procured them to be sent to Havannah. 
2 pp. {Col. Papers, Vol. XVIII., Ko. IG.] 

Feb. 1. 649. Minutes of the Council for Foreign Plantations. The model 

of proposals of the Farmers of the King's Customs read, with 
amendments made by the Committee, and said Farmers left at liberty 
to have same further considered. Copy of the model of the proposals 
annexed. Prinied in Xeiv York Documents, III, 50. 1 p. {Col. 
Papers, Vol. XIV, Xo. 59, 2)}). 55, 56.] 

Feb. 1. 650. Abstract of several papers received from Sir Chas. Lyttelton, 

Jamaica. dated Feb. 1. 1G64, from Jamaica. Sir Chas. Lyttelton's letter com- 
])laiuing of the insolencies of the Spaniards, and desiring leave for the 
Jamaicans to right themselves, and setting forth the necessity of his 
own return to England for his health sake. The depositions of Charles 
Hadsell, commander of the Prosperous, of London, and of John Haines 
{see ante, Xos. G45, 648]. Also of several letters which are stated 
in the margin to have been taken with the quicksilver from Sala- 



AMERICA AND WEST INDIES. 185 



manca and other places respecting the jealousies of the Spaniards 
towards the English. Indorsed, Sir Chas. Lyttelton had his own 
letter and the examinations. 2 j^P- [Col. Papers, Vol. XVII I., 
No. 17.] 

1664 ? 651. Petition of Thos. Nicolls to the King. According to his 

Majesty's verbal order has moved Mr. Secretary for various employ- 
ments, but has missed of his expectation. Now asks for a grant of 
the plantation at Ligonee, in Jamaica, belonging to Colonel Hum- 
phryes, deceased about a year ago, as great an enemy to his Majesty 
as he ever heard of, which is free from any one's just claim; and 
also an order for receiving the benevolence of the several parishes of 
the city of London and its suburbs to enable him to transport men 
to work it. 1 p. [Col. Papers, Vol. XVIII., No. 18.] 

1664. 652. Thomas Nicolls to the King. Has never in the least mea- 

Feb. 2. sure received the repairs of his losses promised hy his Majesty on 
Nicolls' return from Jamaica in 1661, and being now designed upon 
the same employment as formerly by my Lord of London, requests 
free passage for himself and family on the vessel now bound thither 
on his Majesty's account, and a renewal of his Majesty's former letters 
to the Govei-nor of Jamaica. 1 p. [Col. Papers, Vol. XVIII No 
19.] 

Feb. 6. 653. Warrant to pay to Col. Legg, Lieut, of his Majesty's Ord- 

nance, 1,112/. for his Majesty's service in Jamaica. [Dom., Chas. II., 
Docquet.] 

Feb. 11. 654. Minutes of the Council of Barbadoes. Order to the Provost- 

Maishal : Whereas Sir Robert Harley, late keeper of the Public 
Seal, on the 4th inst. contemptuously refused to seal a wi-it directed 
to the Escheators on his Majesty's service, could give no sufficient 
reason for the same, and refused to deliver up the Seal, or give any 
account where it was ; ordered that he be arrested and kept in 
custody until he shall deliver it to the Governor. Philip Bell and 
Ferdinando Gorges chosen and sworn Councillors. fJ- y);> U'ol 
Entry Blc, Vol. XL, pp. 82, 83.] 

Feb. 1 3. 655. Warrant to Edward Earl of Clarendon, Lord High Chancellor, 
to cause the Great Seal to be affixed to a Commission constitutino- 
Sir Thos. Modyford, Bart., Governor of Jamaica. \ p. Worn Entrii 
Bk., Chas. II., Vol. XVI., p. 38.] 



Feb. 15. 



656. Commission to Sir Thomas Modyford, Bart., appointino- him 
Governor of Jamaica. With power to choose a standing Council of 
12 persons or to continue that already established ; to^make laws 
with the advice of five or more of said Council, so as they do not 
extend to the taking away the right or interest of any persons in 
their freehold goods and chattels or to the loss of members, such laws to 
be speedily sent home, and if disallowed thenceforward to cease. To 
erect courts of judicature, administer oaths, and appoint judges with 
salaries. To muster and command military forces, and ordain martial 
law. Powers of Vice- Admiralty. To build forts, ports, towns, &c., 



186 



COLONIAL PAPEES. 



16G4. 



Feb. 15. 
Feb.? 

Feb. ? 
Feb. 15. 

Whitehall. 



Feb. ? 
Feb. ? 



Feb. 1(3. 

The Hague. 



and divide the island into lord.ships or other allotments, as he thinks 
fit, and grant charters of incorporation, with Hberty to hold fairs and 
markets. To take surveys of all lands already granted, and agxee 
with the inhabitants concerning the rest, with power to make grants 
of same under the public seal, which are to be enrolled, reserving 
moderate quit-rents to the King, and limiting the times when 
planters shall be bound to finish their resj^ective plantations or 
forfeit the same. To appoint a Commission to find out the most 
useful trades and improve the same. Power to pardon and remit 
offences before or after sentence, treason and wilfiil murder only 
excepted, where he may reiwieve for one year until the King's 
pleasure be known. To appoint deputies to administer oaths. Power 
to call Assemblies, and with their consent to make laws, reserving 
to himself a negative voice ; also to levy monies : said laws to agree 
mth those of England, and to be in force for two years only, except 
they be confirmed by the King. To receive a salary of 2,000?. per 
ann., payable quarterly out of the Exchequer at Westminster ; these 
presents to be a sufficient warrant for payment of the same. The 
same powers granted to the Deputy Governor in case of his death or 
absence. Lord Windsor's Commission, as Governor of Jamaica, from 
henceforth to be void. 11 ^jjj. [Col. Papers, Vol. XVIII., No. 20.] 

657. Two copies of Sir Thos. Modyford's Commission. [Col. Entry 
BJcs., Ko. 27, 2^p. 23-28, and No. 92, jj^j. 95-107.] 

658. Draft of above Commission, with corrections in Williamson's 
handwriting. 6 pp- [_Col. Papers, Vol. XVIII., No. 21.] 

659. Heads of above Commission to Sir Thos. Modyford, in 
Williamson's hand. 1 p. \Col. Papers, Vol. XVIII., No. "22.] 

660. The King to Sir Thos. Modyford, Governor of Jamaica. 
Recommends Thomas Nicolls, clerk, who is no stranger to that place 
and has suffered much for his loyalty, as minister at Lygonee or the 
Point, or in some other convenient station ; with such salary as the 
sum allowed by his Majesty for the ministry of that island will 
l)ear, and with such other convenience for his family's subsistence, 
as may beseem his profession and employment. Signed by the King 
and countersigned by Sec. Beimet. H2^P- [Col. Papers, Vol. XVIII., 
No. 23.] 

661. Draft of preceding letter, with corrections in the hand- 
writing of Williamson. 1 p. [Col. Papers, Vol. XVIII., No. 24.] 

662. Copy of above letter. [Dora. Entry Bl\, CJias. II., Vol. 
XVIL.,2)p. 10, 11.] 

663. Memorial of Sir George Downing, Envoy Extraordinary, to 
the" States General. Demands that satisfaction and rei^aration be 
forthwith made by the Dutch West India Company for the damage 
sustained by the Royal African Company in preventing their ship 
Mary, Capt. Den, from trading or even obtaining water at several 
places on the coast of Africa, where the English have long had trade 
and factories, and that becoming resentment and indignation be 
shown against these unparalleled proceedings of the Dutch West 
India Company. 2 pp. [Col. Papers, Vol. XVII I., No. 25.] 



AMERICA AND WEST INDIES. 187 



1664. 
Feb. 18. 664. Instructions to Sii- Thomas Modyford, Governor of 
Jamaica. Before his departure to solicit Lord Willoughby, accord- 
ing to the Kijig's letter, to give him all helps towards his voyage, 
especially by encouraging planters in Barbadoes to accompany him, 
which the King by his second letter has very effectually recom- 
mended to Lord Willoughby, and to take the like care to invite 
any of the King's subjects from any other part. To receive from 
Col. Morgan, Avho is appointed Lieut.-Governor, '3,0001., with arms 
and ammunition, 1,000?. being for one year's pay to himself, 600?. 
to his Lieut.-Gov., .300/. to his Major, and 600?. for the pay of his 
body guard and the public magazine of arms ; the remaining 500?. 
to be laid out in iron and other useful tools for distribution to the 
inliabitants at reasonable rates, the product to be employed in 
building forts ; Col. Morgan is particularly recommended to his 
friendship and good usage. To assemble the Council, and 
publish his commission, and to add to their number if necessary. 
The King desiring that no one under pretence of scruples of con- 
science may receive any discouragement, the Governor shall dis- 
pense with the oaths of allegiance and supremacy, except to the 
Council, and allow free exercise of religion, obliging the Governor 
" in your own soul to the profession of the Protestant religion," and 
to recommend it to all others. To inquire into civil and criminal 
judicatories, and establish courts of Admiralty according to his 
powers from the Duke of York. To prohibit the granting letters of 
marque. To encourage trade, and particularly to keep good corre- 
spondence with the Spanish Dominions. To oi'der a survey of the 
harbours and landing places, and erect fortifications at the public 
charge. The allotment of 400,000 acres of land for the Royal 
demesne to be suspended, for the better encouragement of the 
planters and those who will plant within five years, such gi-ants to 
be made under the broad seal of the island to the grantees and their 
heirs in free and common soccage, reserving fit rents to the King ; 
and a register thereof to be kept and sent home. To be careful 
that strangers be not kept in colonies apart, but mingled with the 
King's subjects. In case Sir Charles Lyttelton, who has the keep- 
ing of the broad seal, be come away, according to the desire of his 
friends, the keeping thereof is to be consigned to three of the 
Council. All planters and servants to be provided with arms, 
mustered and trained ; and in case of insurrection or invasion to 
proclaim martial law. To take care that drunkenness and de- 
bauchery, swearing and blasphemy be discountenanced and pun- 
ished, and none admitted to public trust and employment whose 
ill-fame may bring scandal thereon. To give every encouragement 
to merchants and traders ; no goods either imported or exported to 
pay customs for 21 years; the commodities of the island brought 
to England to be custom free for five years. The expenses of the 
Government to be laid upon hot waters and strong drinks, " if it 
were but to restrain the excessive and vicious use of them," the 
King having allowed 2,500?. yearly towards the expenses of 
Government. To appoint markets and fairs, and take care that 
wild cattle, horses, hogs, and sheep be preserved, licensing or pro- 



188 COLONIAL PAPERS. 



hibiting hunters at his pleasure, to improve the cocoa walks, and 
repair the houses in St. Jago. To take care that plantations be 
made as near to one another and to the sea coast as conveniently may 
be, the better to prevent invasions. No one to be admitted to more 
than one office ; military and civil officers to be suspended upon 
misbehaviour or discharged, and salaries and fees duly regulated. 
To transmit accounts of increase of planters and servants, the wants 
of the place, its chief products, the necessary improvements, 
and the most probable advantages to be obtained. Power to call 
Assemblies, make laws, and levy monies ; such laws to be in force 
for two years and no longer, unless conih-med by the King. To 
ratify grants already made to the planters, their heirs and assigns, 
for ever, and to servants after four years' service ; 30 acres to every 
planter transporting a servant, and 30 acres to said servant after 
said term of service. To perform all things for the encouragement 
of the trade of the Royal (African) Company, which he managed 
to their interest while residing in Barbadoes. Power to act in all 
things not mentioned in these instructions. With marginal notes, 
corrections, and endorsement by Sec. Sir Henry Bennet. 13 'pp. 
[Col. Papers, Vol. XVIII., Ko. 26.] 

Feb. IS. 665. Two copies of the above instructions. [Col. Entry Bhs., 
Whiteh..il. Xo. '21, pp. 29-35, and No. 92, pp. 109-126.] 

Feb. 1!S. 666. Blan.k Commission from the King to some ]iorson unnamed 

to be Major of his Majesty's forces in Jamaica, and command the 
same in the absence of and next to the Governor or Deputy Governor. 
f p. [Dom. Eatnj Bl:, Chas. II., Vol. XX., pp. 6, 7.] 

Feb ? 667. Memorandum by Williamson of " powers to be implied in 

the instructions." Indorsed, Commission for Jamaica ; Major to dis- 
cipline and command all the forces in the absence and next to the 
Governor and Deputy Governor (see Establishment for Javutica, 
ante, Ko. 616.) 1 p. {Col. Papers, Vol. XVIII., Xo. 27.] 

Feb. 18. 668. Governor Francis Lord Willoughby to the King. Has been 

Barbadoes. constant in informing his Majesty of the state of the island, and the 
more so now that he has to report the displacing of a great officer, 
Sir Robert Harlowe [? Harley], who has gone to England to lay his 
complaints before his Majesty. His brother has been desired to give 
the details to the King. In obedience to his Majesty's recommenda- 
tion had appointed Sir Robert, Keeper of the Seal for life, which upon 
strict perusal he found conti-ary to his commission, as he ought before 
to have informed his Majesty. Has now rectified it ; for Sir Robert 
has given just occasion bj' his ill use of it, and other miscarriages in 
the places of judicature wherein he had been jjlaced, for Lord 
Willoughby to command it from him again into his own custody, 
where by the grace of God he shall safely keep it, and make a right 
use of it according to the trust reposed in him by his Majesty, all 
which he hopes will be approved. 3 'pp. \_Col. Papers, Vol. X VIII., 
No. 28.] 



AMERICA AND WEST INDIES. 189 

1664. 
Feb. IS. 669. Governor Francis Lord Willoughby to Sec. Sir Henry 

Barbadoes. Bonnet. Has had an Act passed to settle a revenue upon the King, 
which Act he will send with some others as soon as they are finished, 
for his Majesty's confirmation. In the meantime he is collecting the 
revenue in the time of the sugar crop which is the ready money of 
the island ; but owing to the bad weather the payments are very back- 
ward, so that he cannot return the King an account so soon as he 
expected. The island has been sadly afflicted with caterpillars, 
which, like the locusts in Egypt, have devoured all things, so that 
the poorer people must have starved if the shipping had not brought 
more provisions than usual ; many of them have been forced to leave 
Barbadoes and go to Jamaica and other places merely from want of 
food. Sir Robert Harley has gone off in discontent like Col. 
Walrond, because he could not remain to do as he listed. Did not 
banish him ; some actings of his did occasion his departure, which 
made his being here unea.sy to him. If he or others make any com- 
plaints. Lord Willoughby requests that the matter may not be con- 
cluded until he can return a full account. Imlor.'^ed, " Rec. April." 
li PP- [Col. Papers, Vol. XVIIL, No. 29.] 

Feb. 19. 670. Wm. Hutchinson to Williamson. Entreats him to speak to 

Sir Thos. Modyford to assist Hutchinson in recovering a debt of 501. 
■Rath interest for ] 2 years, which he lent upon liond to Cajit. Barry, 
now in Jamaica. [Dora., Chi(.9. IT.. Vol. Xl'IIL, Ko. 21, Cal 
p. 488.] 

Feb. 24. 671. The King to Edward D'Oyley. Requires him to give speedy 

satisfaction to the oflicers and mariners of his Majesty's ship Dia- 
mond for their third jmrt of the value of the Flemish ship Martin 
Van Rosen, and her ladings, seized by them in the harbour of 
Jamaica in IGGl, and condemned by him as lawful prize i p 
[Dom. Entni Bk, CJtos. II., Vol. XVI., p. .52, and Vol XXI. 
pp. 13, 14,] 

Feb. ? 672. [The King] to [the Duke of York]. To make ready two 

ships and one of the Dutch prize .ships for a voyage to New England. 
Also to provide arms and ammunition as per annexed list "to be 
delivered ready for transportation, to Richard Nicolls. [Draft by 
Williamson ivith corrections.l Incloses, 

Memorial for Sec. Bennet of ammunition and other neces- 
saries to he provided for the intended voyage to Xnn Enqland. 
[Col. Papers, Vol. XVIIL, Nos. 30, 3L] 

Feb. 2.5. 673. Warrant to Col. Wm. Legg, Lieutenant of the Ordnance. To 
deliver to [Richard] Nicolls packed for transportation the arms and 
ammunition as per annexed list, to be disposed of (for New England) 
according to his Majesty's directions. The list includes 500 firelocks, 
.500 matchlocks, pikes, pistols, .50 carabines, .saddles, bridles, 2 mortar 
pieces, powder, match and ball, pickaxes, .spades, and shovels, 2 brass 
sakers with field carriages, 1,000 bandoleers, holsters, bells, .500 
swords, axes, hatchets, saws, wheelbarrows, hand baskets, tents, 
halberds, G drums, 3 colours, 40/. worth of nails and ironwork, one 



190 



COLONIAL PAPERS. 



Feb. 27. 



Feb. ? 



Feb. 29. 

WUitehaU. 



Feb. 29. 

WhitehaU. 



Feb. 29. 



Feb. 29. 
Whitehall. 



Feb. ? 



Feb.? 



ban-el of flint stones, and carriages and tackle for the mortars and 
sakers. Together 1 p. [Dom. Entry BL, Chas. II., Vol. XX., p. 8.] 

674. Instructions for Col. [Edward] ''Morgan, Deputy- Governor 
of Jamaica. To take charge of a packet for Sir Thos. Modyford, 
now at Barbadoes, who is appointed Governor of Jamaica, and to 
embark immediately on the Westergate bound thither, and deliver 
up the mone}^ to Sir Thos. designed for the King's service in Jamaica, 
with power to apply the same himself in case of the death or dis- 
ability of Sii' Thos. Modyford. 2 pj). [Col. Entry Blc, Vol. XCII, 
'pp. 393, 394.] 

675. Warrant to prepare a bill for the King's signature con- 
taining a grant to James Duke of York of lands in America from 
St. Croix, next adjoining to New Scotland, to Pemaquid, with 
Matawacks or Long Island abutting upon the mainland between 
Connecticut and Hudson rivers, also with Hudson's river, "and 
containiBg in length from east to west the whole length of the sea 
coast there 1)etween the said rivers." Also the islands of Block 
Island, Martin's Vineyard, and Nantuket, and aU lands, &c. within 
said limits ; with powers of government, &c. This is prohahly a 
copy of the draft. It is undated, and has a few ^uords at the end in 
the handwriting of Williamson. The Patent is dated 12th March 
16G4, see Ko. 685. ' [Col. Papers, Vol. XVIII., No. 32.] 

676. Copy of the preceding, but with this difference, that the 
words m inverted commas in the above are herein written, " and all 
the land from the west side of Hudson's river to the east side of 
Delaware Bay, all which are within the latitude 39 and 46 degrees, 
and containing in length from east to west the whole length of the 
sea coast." 2 ^j^j. [Col. Entry BL, No. 68, jjp. 7, 8.] 

677. Copy of the preceding in one of Williamson's note books, 
who has written in the margin, " Grant to his Royal Highnesse 
in N. England." The King's bill is dated 8th March 1664, see 
Xo. GS3. ^S pp. [Col. Entry BL, Xo. 92, 'pp- 191-198.] 

678. Another copy of the above. 2 p>p. [Dom. Entry BL, 
Chas. II, Vol. XVI., pp. 53-55.] 

679. Warrant to the Clerk of the Signet to prepare a bill for the 
King's signature for payment of 4,000/. to Sir George Carteret, 
Treasurer of the Navy, towards preparations for the sej-vice of New 
England. Signed by the King and countersigned, by Sec. Bennet. 
1 p. [Col. Papers, Vol. XVIl'l, Xo. 33.] 

680. Another warrant to the same effect, but with the addition, 
to be by him paid over to Richard Nicolls, groom of the bedchamber 
to the Duke of York. A similar warrant is in Dom. Entry BL, 
Chas. II., Vol. XVI, p. 82, dated 25th March. 1 p. [Col. Papers, 
Vol. XVI 1 1, Xo. 34.] 

681. Warrant to prepare a liill for the King's signature, to pass 
the Privy Seal, to Lord Willoughby, Governor of Barbadoes, to 
deliver to Sir Thos. Modyford, appointed Governor of Jamaica, sugars 



AMERICA AND WEST INDIES. 191 



belonging to his Majesty to the value of 1,000?., to be employed 
towards the work of completing the Great Fort of Jamaica. 1 p. 
[Col. Papers, Vol. XVIII., Ko. 35.] 

Feb. 29. 682. List of despatches for Jamaica, delivered to Col. Morgan in 
a black box locked up, 29th Feb. 1664, vizt.. Sir Thos. Mod'yford's 
commission and instructions, and letters to him from the King and 
his Honour [Sec. Bennet] ; the Deputy Governor and Major's com- 
missions ; letters to Sir Chas. Lyttelton from the King and Sec. 
Bennet ; one to Lord Willoughby from the King ; and instructions 
to Col. Morgan how to conduct himself in his passage, and in case 
of Sir Thos. Modyford's refusal, death, &c. 1 yj. [Col. Papers 
Vol. XVIII., Xo. 36.] 

March 8. 683. The King's bill containing a grant to Jas. Duke of York of 
lands in New England (see the Patent, dated 12th March, Xo. 6S.5, 
v:here the boundaries are described). In this document, as also in 
the Privy Signet, the Privy Seal, and the Patent under the Great 
Seal, the words are, " and of all the land from the west side of Con- 
necticut river to the east side of Delaware Bay," and not from the 
west side of Hudson's river, as written in three copies of the war- 
rant to prepare this bill for the King's signature, dated 29th Feb. 
(see Xos. 676-678). Indorsed, " Charles R. Our will and pleasure 
is that this pass by immediate warrant. Entered at the Signett 
10 Martii 1G63-4. John Nicholas. Entered at the Privy Seal 
10 Martii 1663-4. John Caule." [Privy Seed Bundle, Xo. 363, 
D.I.] 

March [10]. 684. Doequet of the Signet Bill, containing a grant to James 
Duke of York of lauds in New England, of which the Patent passed 
under the Great Seal two days afterwards. [Sienut OMce. Docqiiet 
M'.,iYo. 15,^x292.] 

March 12. 685. Patent granting to James Duke of York, his heirs and 
Westminster, assigns for ever, " all that part of the mainland of New England 
begmning in a place called or known by the name of St. Croix°next 
adjoining to New Scotland in America, and from thence extending 
along the sea coast imto a certain place called Pemaquin or Pemaquid 
and so up the river thereof to the farthest head of the same as it 
tendeth northward, and extending from thence to the river of Kene- 
beque, and so upwards by the shortest course to the river Canada 
northward. And also all that island or islands commonly called 
by the several name or names of Matawacks or Long Island, situate, 
lying, and being towards the west of Cape Codd and the Narro- 
Higansets, abutting upon the mainland between the two rivers there, 
called or known by the several names of Connecticut and Hudson's 
river, together also with the said river called Hudson's river and 
all the land from the west side of Connecticut river to the east 
side of Delaware Bay, and also all those several islands called or 
known by the names of Martin Vineyards and Nantuckes, otherwise 
Nantuket, together with aU the lands, islands, soils, rivers, harbours, 
mines, minerals, quarries, woods, marshes, waters, lakes, fishings, 
hawking, hunting, and fowling, and all other royalties, profits. 



192 COLONIAL PAPERS. 



commodities, and hereditaments thereto belonging, and the reversion 
and remainder thereof, together with the yearly and other rents, 
revenues, and profits in said premises ; to be held of the manor of 
East Greenwich in free and common soccage, yielding and rendering 
to the King, his heirs and successors, forty beaver skins yearly 
when they shall be demanded or within ninety days after. With 
absolute power and authority to correct, punish, pardon, govern, 
and rule all the King's subjects as shall from time to time inhabit 
within the same, according to such laws as shall be established by 
said Duke of York or his assigns, and in defect thereof in cases of 
necessity according to the good discretions of his deputies, commis- 
sioners, officers, or assigns, in all causes and matters capital, criminal, 
civil, and marine, so as they be not contrary to the laws of England, 
reserving to the King the hearing and determining of appeals. And 
likewise to revoke, discharge, and alter all Governors, officers, and 
ministers which shall by him be thought needful. Also to put in 
execution or abrogate said laws, not only within the precinct of 
said territories, but also upon the seas in going and coming to and 
from the same ; also for said Governors, officers, and ministers to 
exercise martial law in eases of rebellion, insuiTection, and mutiny ; 
to admit persons to trade and traffic within said territories, and to 
possess and enjoy any lands there as they shall think fit according 
to the laws aforesaid, and under such conditions as the Duke of 
York, his heirs or assigns, shall appoint. With power to transport 
the King's subjects or any strangers not prohibited or under restraint 
towards the plantation of said territories, together ^vith clothing, 
implements, furniture, and other things usually transported and 
not prohibited, on payment of the customs and duties thereon ; 
also with power of government and command to the Duke of York 
and the Governors, officers, or ministers appointed by him, over 
inhabitants of said territories, and to resist by force of arms, as well 
by sea as land, all persons attempting to inhabit said territories 
without special license of the Duke, his heirs or assigns, and all 
persons as shall attempt the destruction, invasion, or annoyance 
to the parts, places, or islands aforesaid or any part thereof These 
Letters Patent or the inrollmont thereof to be good and effectual 
in the law to all inti'iits and purjnisos wliatsoi.yer. I'nl I'm/ in his 
History of K,,rE ,,:,], nnl II.. .-„S0. «/,/.■, - / Imrr iirrrr >'<:„ llnUnlr 
of York's Pafrrif rnfir,-: fhiif j„irt irl,]cl, -,rl,ii,.s t,, //„ hm, inhrr;rs 
has been more than once printed. [Patent Boll, 16 Car. II., Part 8, 
No. 6.] 

Mar. 17. 686. Commission to John [sic 1 Eich.] Nicolls to raise and arm 
AVhitehall. [/>/,();/,] foot in London and Westminster, with officers fit for con- 
ducting them into New England. Justices of the peace, mayors, &c. 
are charged to permit them to march to the place of embarking, and 
allow them conveniences at the usual rates. -J p. [Dom. Entry Bk., 
Chas.IL, Vol XX., 2^. 11.] 

Mar. 20. 687. Sir Thos. Modyford to Sec. Sir Henry Bennet. Has received 

Barbiuloes. his letter of Jan. 11th, and will pay all dutiful obedience to his 

Majesty's commands. Has delivered the King's letter to his Excel- 



AMERICA AND WEST INDIES. 193 



16G4. 



lency (Lord Willoughby), who readily gave them permission to publish 
the enclosed declaration. Has inserted in it more than was con- 
tained in his directions, being encouraged by the letters of Sir Jas. 
Modyford and Thos. Kendall, who wrote that they had it from the 
Duke of Albemarle's mouth that Sir Thos. might promise them those 
other things. Has already enlisted near 400 persons, and is well 
assured that three times that numbej- will follow him before Christ- 
mas, whose enfeebled aflairs will not permit them to go with Sir 
Thos. Indorsed, Rec. June .5, 1664, answered July 10. Incloses, 
687. I. Declaration of Sir Thos. Modyford. That the King has 
appointed him Governor of Jamaica, and ordered him to 
make himself ready to depart in a ship of his Majesty's 
within sis weeks, and to transport free all who .shall "be 
willing to be settlers in .Jamaica, provided they take vic- 
tuals enough for their passage and obtain the "Governor's 
ticket for their departure. 'That his Majesty will allow 
full liberty of conscience to all modest and tender people, 
freedom from custom duties for 21 years, free grants of 
land, and free trade with all nations in amity, except in 
negroes, which are to be furnished by the Royal African 
Company. Signed hy Sir Thos. Modvford, 1664, March 
2nd. Together 2 irp. [Col. Papers, Vol XVIII., Xos. .37, 
37 I.] 

Mar. 20. 688. Copies of preceding letter and declaration, the former dated 

Barbadoos. March 10, and indorsed by Williamson, Rec. .5 July, the latter 

dated .3 March, and indorsed by Sir Thos. Modyford, Copy of my 

declaration, made 3rd of March. [JM. Papers. Vol. XV II I., Xos. 38, 

Mar. 20. 689. Sir Tho.s. Modyford and P. Colleton to the Governor.lDeputy 
Barhudoes. Governor, and Court of Assistants [of the Royal African Company]. 
Regret that their actions have not given satisfaction, Avhich they 
suppose is because Hay ward returned home almost empty, and 
Dennis loaded with other men's effecis, but were not to blame for 
this, as they sent bills to an amount that would have loaded the 
vessels with sugar twice over if any sugar had been stirring. If the 
time of year, the baseness of the people, and their suitabfe laws to 
protect them in it had been considered, would not have been accused 
of indiligence and want of foresight. Complain of the delay in exe- 
cutions for debt, and the goods being then left in the hands of the 
debtor for 80 days before" the marshal can sell them, which before 
then are generally made away with. Endeavoui-s of Modyford 
to prevent the debtor being trusted with the attached goods, but it 
could not be obtained, which does not in the least reflect on Lord Wil- 
loughby, who was very forward to relieve the creditors. His patent, 
however, orders the proceedings in the courts to be regulated with 
consent of his Council, who, being planters, carry it in favour of their 
brethren. If land is attached ^t is always appraised by five free- 
holders, who commonly put too high a price upon it, and even if sold, 
a new suit, execution, delays, and difficulties folloAv ; so that it is a 
mn-acle if a creditor ever gets his estate. It would be mtII to lay the 

M 60.5. J,- 



194 COLONIAL PAPERS. 

1664. 

matter before his Majesty. Have put Rouse in suit and vrill order 
execution as soon as possible. Few blacks put out after the crops had 
been gathered in, until one of the new negroes set fire to the houses 
of the rest, when others were put out to work. Their order shall be 
obsei-ved not to put any abi'oad while the Company's plantations 
can keejD them. At St. Christopher's the ship seized by the Allep- 
pino had been discharged, as she had not been within the Company's 
limits ; the negroes on her were sold to the French there. The Com- 
pany's negToes sold at 2,400 lbs. of sugar per head. The price of 
12?. to 151. for boys and girls .shall be observed, but it woidd have 
been well to have expressed their age. The plantation thrives under 
the care of a very honest overseer and two Christian servants, but 
more will soon be wanted. The provisions on the farm are expected 
to hold out until the next crojD is gathered. Lord Willoughby has 
given his promise, in obedience to the King's letter, to restore the 
S201. received on account of negroes, but has not yet performed it. 
The Speedwell arrived with 282 negroes, who have greatly lost in 
value owing to small-pox breaking out among them. The Success 
brought 193 blacks, and these, with Capt. Norbrook's, have produced 
the best of any. The Susan brought 230 negroes, which were not 
allowed to be discharged until the officers of the ship had proved 
they had not been within the Company's limits. Duke has been 
furnished with SOI. and the doctor with 9/. 13s., for inspecting the 
negroes at I'Id. per head. Enclose a bill for 10/. 13s. 4rf, to pay 
for a puncheon of beef ; the same price cannot be expected in future. 
Duke is sent home empty, as there is no chance of getting a cargo 
within a reasonable time. Bowles had touched at Curacao and 
stood over for the main. From Surinam they hear that Wood has 
sold all his negroes at good rates, and will depart thence laden 
with his own effects in six weeks. Indorsed, " This letter was re- 
ceived 30 May, and ansAvered 1st June." S\ pp. {Col. Papers, 
Vol. XVIII., No. 39.] 

Mar. 22. 690. Minutes of the Council of Jamaica. Present : Sir Chas. Lyt- 
Port Eoyai. teltou, Col. Sam. Barry, Maj. Thos. Fuller, Capts. John Mann and Peter 
Pugh, and Sec. Richard Povey. Ordered, that after the departure of 
Su- Chas. Lyttelton Sec. Povey and any two of the Council be em- 
powered to act as if the Governor were present. The secretary to give 
notice to the gentlemen of the country for their best entertainment of 
the new Governor when he .shall visit them. The Commander-in-Chief 
of each regiment to appoint a rendezvous in case of alarm. Several 
acts of Sir Chas. and Commissary Povey signed and discharged, ac- 
cording to an indent, by Sir Chas. at the tower. Power to be 
given to Samuel Johnson, as administrator of the late Coll. Michell, 
to let out his plantation at Lygonee. h p. \Col. Entry Bl:, 
Vol. XXXVII, p. 23.] 

Mar. 23. 691. An Act of the Assembly of Nevis concerning trials at law, 
Nevis. providing that persons requiring trial by jury shall pay certain fees 
to the Provost-Marshal for i^roviding them with meat and ch'ink, &c. 
1 p. [Gol. Entry BL, No. XL IX., jy. 10.] 



AMERICA AND WEST INDIES. 195 



16G4. 
March 28-29. 692. Jlinutes of the Council of Barbadoes. Present: Governor 
Lord Willonghby, Henry Willoughby, Wm. Kirton, Edmund Reid, 
Jas. Browne, Peter Colleton, Ferdinand Gorges, Thos. Modjd'ord, 
John Yeamans, Thos. Wardell, and Philip Bell. Reasons for their 
late proceedings against Sir Robert Harley : that he having 
assumed to himself full power of judicature in matters of equity, 
insolently refused to take a commission fi-om the Governor, in 
accordance with his Excellency's commission : that the fees to the 
Keeper of the Seal for confu-mations of land being fixed at 4 lb. sugar 
per acre, he exacted 30s. more for each confii-mation, and extorted 
10 lb. of sugar per acre for aU " within the ten thousand acres." That 
when constituted Chief Judge of the Court of Revenue he notoriously 
and scandalously misbehaved himself for he made the rest of the 
judges and suitors wait four or five hours eveiy day, so that little 
progTess could be made in the King's business. That he called one 
Bawden to the Bench and privately advised him to demm- to an infor- 
mation of extortion exhibited against him, and when the judges were 
equally divided on Bawden's case, "he stood up more like a 
comedian than a judge, and said, Gentlemen, now it is in my 
power to carry it which way I please, and which of you will give 
me the lustiest bribe shall have it." That he hindered and 
baffled his Majesty's attorneys in then- ordinary and usual j^roceed- 
ings, seditiously magnifying himself by declaring to bystanders how 
much he was for the liberty of the subject. That, contrary to his 
oath, he advised Robt. Gale what to plead to an indictment. That 
when entrusted with receiving the certificates and entering the 
bonds of trading ships, he suffered the Supply, in which he was 
concerned, to depart without giving security. That in that office he 
exacted extraordinary fees, refused to seal writs directed to the 
Escheator for the King's service, and would not when required by 
the Governor deliver up the seal or declare where it was hid, until 
he was imprisoned. That he violently pressed the keeping of the 
petitioning merchants in prison, declaring that they ought to be 
tried by a court of war. And when in prison confessed that he 
only asserted the liberty of the people, when he saw he had lost the 
Governor's affection. 

March 29. — Present : Col. Hemy WiUoughby, Deputy Governor, 
and Council. The King's letter to Lord Willoughby of the I7th of 
January last read, which acquaints him with the designs of the 
Dutch against the island, and requires care to be taken, to build 
forts for the safety of the island, preservation of the inhabitants, 
and to order the ships to sail in fleets for their common security. 
Certified copy, v:ith the folloiv'ing mem. aelcled : " Here ends all 
business transacted at the Council Board from the year 1660 to 
January in the year 1667. Except the years 1665 and 1666, in 
which years there is no manner of business, save only orders for 
the meeting of field officers." 6 ^ip. [Col. Entry Bk., No. XI., pp. 
84-89.] 

March 31. 693. Sir Thos. Modyford and P. Colleton to the Governor, Deputy 
Barbadoes. Governor, and Court of Assistants [of the Royal African Company]. 



196 COLONIAL PAPERS. 

1(JG4. 

Intend sending 300 negroes to Nevis and St. Kitts, having about 
:^00 now on their hands, which nobody here will buy, and received 
encouraoement to do so from the Company's factors there. There 
has been a great nioi'tality amongst them, which our chief physician, 
Dr. La Rouse, assures them is through a malignant distemper con- 
tracted, they think, through so many sick and decaying negi'oes 
being thronged together, and perhaps furthered by the small-pox in 
Capt. Carteret's ship. Most men refused to receive any of them, and 
Philip Fusseire, a surgeon, to whom they sold 20 at a low rate, lost 
everyone. Send account of sales and dead {v.-nnting), also bill of 
320/. from Lord Willoughby, and other bills for 580/. Capt. 
Chevers takes home 70 tons of sugar, beside cotton, at a low freight 
of 50s. per ton for sugar, and fr?. per lb. cotton. Capt. Hunt will 
leave in four days with 35,000 lbs. sugar, beside gold and teeth. 
1 /;. {Cul. Papers, Vol XVIII., No. m.] 

Marcli ? 694. Petition of Capt. John Gregoiy to the King. Has been 

long prisoner in the Tower, insomuch that his health is much im- 
])aired and his small estate exhausted ; is not kindly treated by the 
King's old friends on account of his employment in the late wars, 
and is not kindly owned by others because of his principles, which 
are for peace and quiet subjection ; begs therefore that his Majesty 
will give ordei- for transportation of him and Paul Hobson to Bar- 
badoes and so to Jamaica ; Hobson will give security not to return 
without his Majesty's leave. [Dom., Chas. IT., Vol. XCV., iYo. 99, 
CaL, -p. 537.] 

April 2. 695. Commission from the Duke of York. Reciting the King's 

Letters Patent to him of 12 th March last of lands in New England 
{see write, No. GS5], and appointing Richard NicoUs his Deputy 
Governor there with all the powers granted to the Duke by said 
Patent. 3 pj,. [Col Papers, Vol. XV III., Xo. 40.] 

April 2. 696, Reasons of the Council of Barbadoes againist the execution 
of the place of Provost Marshal by Francis Cradock during life liy 
patent under the Great Seal. Certified copy hy Edvxird Boivden, 
Deputy Secretary. Calendared Xo. 759, vAth Order in Covmcil and 
Report of Attorney-General thereon. 1 p. [Col. Papers, Vol. 
XVIII, Xo. 41.] 

April 5-7. 697. Minutes of the Council of Jamaica. Major Robert Free- 
I'ort Royal, nran sworn Councillor. Lieut.-Col. Lynch chosen President in the 
absence of Sir Chas. Lyttelton until the arrival of another Governor. 
April 7. — Capt. Saunders, of the ship Nicholas, to give in to the 
Secretary an inventory of her lading, and to have full liberty to 
trade in the island. The justices to send in an account vvithin 14 
days, of what land may be taken up by the planters now coming 
from Barbadoes. i ^). " [Col. Entry Bl:,'Vol. XXXVII., ix 23.] 

Aj^ril !). 698. Warrant to pay to Sir George Carteret the sum of 4,000/. 
to Vie |iaid to Rich. Nicolls for services in New England. [Dorn., 
Chas. II., Docquets, CaL, p. 550.] 



AMERICA AND WEST INDIES. 197 



1664. 
April 9. 699. Resolution of a council of war held on board his Majesty's 

Anta. ship Jersey, riding before Anta. Having taken into consideration 
the insole'ncies of the Dutch upon this coast, and the many ways 
they have taken to destroy his Majesty's subjects, and to prejudice 
the Royal Company's affairs, especially in their design of destroying 
the factory at Anta ; said council consider it their duty imt mily to 
prevent the present designs of the Dutch, but to take <ir drstmy the 
castle of Anta, if possible. It is, therefore, " our abs(jlnti" nsidt," 
that Capt. Peter Braithwaite be sent on shore to treat with the 
blacks, and in case he cannot, with 30 men and the help of the 
blacks, surprise said castle, to use all means to take same from the 
Dutch, or destroy it. Signed hy Robert Holmes, Joseph Cubitt, 
Charles Talbot, Peter Bowen, Peter Braithwaite, Robert Fenn, John 
Ewers, John Holmes, and Samuel Browning. 1 p. [Col. Papers, 
Vol. XYIIL, Nv. 42.] 

April 13. 700. The King to Francis Lord Willoughby of Parham, Gov. 

Whitehall, of Barbadoes. Has received his letter concerning Sir Robert Harley 
and is well satisfied with his proceedings in that business. Requires 
him vigorously to prosecute all that may best conduce to the settle- 
ment and advantage of Barbadoes ; and if Sir Robert Harley make 
application to the King, his Majesty will forbear any determination 
until his Lordship's reasons and answers have been heard 1 -p. 
[Dora. Entry BL, Chas. II., Vol XIV., p. 20.] 

April 1.3. 701. WaiTant to the Mayor, Recorder, Aldermen, Justices, and 
Sheriffs of Exeter, and to the Keeper of the prison. Whereas 
Richard Tilley, baker of Exeter, a condemned prisoner in their 
custody, was always of honest conversation, and behaved as a good 
subject in his Majesty's father's service, and has petitioned to be 
banished out of this kingdom ; his Majesty hereby requires them 
to send said Richard Tilley to Jamaica or any other his Majesty's 
Foreign Plantations, there to remain banished. 1 7'. [Dura. Entry 
Bh, Chas. II, Vol XVII, p. 28.] 

April 21. 702. Proceedings in the House of Commons on the reading by 
Mr. Clifford of the report of th» Committee for Trade. Wherein it 
was resolved that the several wrongs, dishonours, and indignities 
done to his Majesty by the subjects of the United Provinces, by 
invading of his rights in India, Afi-ica, and America, and the 
damages, affronts, and injuries done by them to our merchants, be 
reported to the House as the greatest obstruction to our foreign 
trade, and that the House would support the King with life and 
fortune against all opposition. A conference thereon was desired 
with the Lords and Mr. Clifford and others appointed to manage it. 
[Dom., Chas. II., Vol. XCVIL, Xo. 15, Cal, ji. 502.] 

April ? 703. Petition of Edward D'Oyley, late Governor of Jamaica, to 

the King. Petitioner lying under the discouragement of the late 
evil times for his known principles of loyalty, accepted the command 
of a regiment of foot in the late expedition against Jamaica, which 
being brought into the power of the English he remained there 
several years a colonel, until the death of Colonel Bryan, when he 



198 COLONIAL PAPERS. 

10(34. 

was unanimously chosen Governor. This office petitioner continued 
to hold during the life of Cromwell, at whose death petitioner was 
compelled to inflict punishments upon mutinous and seditious 
persons to prevent anarchy, but being then without the formality 
of a Commission, petitioner is liable to be called in question for 
same. Prays for his Majesty's grant of pardon for all treasons, 
murders, felonies, and misdemeanors committed from the time 
petitioner was made Governor until 1 Jime 1(3(J1 when he received 
his Majesty's lawful Commission. Signed by the petitioner ; also 
a draft of the same petition with corrections. 2 papers. \Col. 
Pcvpers, Vol. XVIII., JS^os. 43, 44.] 

April ? 704. Warrant to prepare a bill for the King's signatm-e to pass 

the Great Seal, containing a grant of pardon in the terms requested 
in Col. Doyley's petition, with uou obstantes of tlie Statutes 13 
Ric. IL and 10 Ed. III., and such other claus.- a> sluill \<r n■.|lli^ito 
to make the pardon most full and effectual, liru/t n-'th r,,rrn:ll<iii!^. 
The pardon is dated May 5, see iYo. 734. 1 p. ' [Cul. Papers, Vol. 
Zy///., iVo.4.5.] 

April 23. 705. Copy of the preceding. [Dom. Entry Bl:, Clias. II., Vol 
XVI, 2X lOG.] 

1664 ? 706. " Considerations in order to the establishing his Majesty's 

interests in New England." The King judging it convenient for 
his interests in New England to accept the surrender of Mason's 
patent for the Province of Hampshire on conditions already agreed 
upon, and Ferd. Gorges being in treaty for the surrender of his 
patent for the Province of Maine, it may be necessary that their 
surrenders and what is to be done in order thereimto be forthwith 
prosecuted. That Commissioners be sent Avith instructions to enable 
them to effect what is intended by the King. That they proceed 
first to Portsmouth, Province of Hampshire, where are very many 
persons, some of great estates, well inclined to admit the King's 
interests there, and the genei'ality well affected as far as they can, 
being lately oppressed by the more potent corporation of the Massa- 
chusetts. That they make known to the best inclined persons in 
the Provinces their commission, and that the King hath now a pro- 
priety as well as a dominion by the surrender of the gi'ants to the 
ancestors of Mason and Gorges, and will employ his care and indul- 
gence for their further prosperity. To give a good and secure title 
of inheritance to all in possession of lands or tenements and who 
desire a confirmation under the King's authority " upon such small 
acknowledgments as shall be almost insensible to them that shall 
receive so considerable an advantage thereby," paying only the 20th 
penny of the present yearly value for rent and one 20th penny by 
way of fine. That as soon as they find a fit temper in that people 
they then treat about the improvements of trade and the supply of 
timber, cordage, tar, &c., and endeavour to show the advantages of a 
better confidence and correspondence Avith England, by their cheerful 
submission to the regulations of trade for his Majesty's dominions 
and plantations, although by the letter of their grant in their fir.st 
infancy they may seem exempted from payment of any customs but 



AMERICA AND WEST INDIES. 199 



1664. 

by their own consents. The eucouragements to all who submit to 
said regulations, but if any town or province do not submit they will 
not be allowed to trade with England or any other colony. The 
Commissioners to have power to separate and join others in commis- 
sion with them. No applications or demands to be made to Boston 
until the King's unquestionable right of propriety to Hamp.shire and 
Maine be in a good measure settled. To aim at and obtain, in this 
first attempt, a submission to the King's new right upon those two 
Provinces and to the settlement of trade and custmiis tluTe, although 
the Massachusetts may perhaps not be so sudu bioii-lit to it, after 
which instructions may be framed for the ( 'nimnis^idncrs ; "and 
whilst they shall be found not to intermeddle with their government 
or matters of religion, the stifi and factious party will want preten- 
sions for stirring up the people to an eager opposition of the fair 
and reasonable proceedings of the Commissioners." Arguments upon 
the whole matter, " scarce any future accident or state of aflairs can 
in any probability render the reduction of that doubtful people more 
feasible than at this point of time they may be found to be by the 
easy methods here proposed, which being rather a means of insinua- 
tion than of force cannot put his Majesty's interests there into a 
much weaker condition than they are in at present should they fail 
of their effect." Lord Clarendon is supposed to he the author of this 
Paper, see Palfrey's History of New Enrjland, II., 578. 5 pp. \_Col. 
Papers, Vol. XVIIL, No. 46.] 

16G4. 707. Estimate of the expenses "relating to the expedition of the 

Commissioners to New England." If the number be five to allow 
500/. each by way of advance, out of such rents, fines, and customs 
or other profits as shall be raised by them out of New Englan<l ; 
also 300?. for clerks, at the discretion of the Commissioners, and a 
further 200?. for attending the solicitation and despatch of the grants 
and fees relating to this aftair. Total, 3,000?. A fourth-rate frigate 
should be appointed for transporting the Commissioners, and a small 
ketch to attend them. The composition to be finished with Ferdi- 
nando Gorges. 1 p. [Co?. Pojjcrs, Vol. XVIII., No. 47.] 

April 23. 708. Commission to Col. Rich. Nicolls, Sir Robt. Carr, Geo. 
[Westminster.] Cartwi'ight, and Sam. Mavericke, or any three or two of them, or 
their survivors, whereof said Col. Nicolls during his life to be always 
one and upon division of opinion to have a easting voice, to visit the 
several colonies of New England, and to examine and determine all 
complaints and appeals in all causes, as well military as criminal 
and civil, and proceed in all things for settling the peace and security 
of that country according to their discretions and such instructions 
as they receive from the King in that behalf. Copy examined, G. 
Palmer. Printed in New York Documents, III., 64, 65. 4 2p- 
[Col. Papers, Vol. XVIIL, No. 48.] 

April 23. 709. Copy of the preceding, dated by mistake April 25. S 2)p. 
Westminster. [CoJ. Papers, Vol. XVIIL, No. 49.] Also entry of said Commission. 
[Col. Entry Bk, Vol. XCIL, pp. 205-209.] 



200 COLONIAL PAPERS. 



1GG4. 
[Api-il 28.] 710. Drauglit of the above, but the names are not filled in, and 
the last paraoraph is omitted. Corrected and indorsed hy WiUiara- 
son. li i^p." [Col. Papers, Vol. XVIII., No. 50.] 

April 23. 711. Instructions for Col. Eich. Nicolls, Sir Robert Carr, Geo. 

Whitehall. Cartwright, and Sam Maverick, Commissioners appointed to visit 
Massachusetts. To assure the Governor and Council of the King's 
good intentions towards the colony, and that the chief , object of 
their journey is to remove all jealousies and misunderstandings 
caused by the late "confusion." To discom-se upon the best means 
to reducL' the Dutch in Long Island or anywhere within the King's 
dominions, and ujkui the ivil ciiii.^riiuences likely to ensue, if they be 
still allowt'd ti) ha\c a ( J(i\ rniiin nt of their own. To ascertain the 
condition of the Indian Kings and Princes, what treaties have been 
made and how obscr\'ed. that no violations may be permitted. To 
inquire what has been done towards the foundation and maintenance 
of any college or schools. To observe great caution before listening to 
accusations against those who are or have been in authority. To 
examine into the administration of justice, and to see that no one is 
debarred the free exercise of his religion, according to the laws of 
England. To apprehend all persons who stand attainted- of high 
treason, and to discover those who have entertained them since the 
restoration, that better care may be taken for their future behaviour. 
To see that the Act of Navigation be punctually observed, and to 
make particular inquiries into the whole frame and constitution of 
the Government. Printed in New York Documents, III, 51-5^." 
8 2)p. [CoL Papers, Vol. XVIII., No. 5L] 

[April 2".] 712. Another copy of the above. H pp. [Col. Entry Bl:, Vol. 
XGII., pp. 224-237.] 

April 23. 713. " Secret instructions for the Commissioners emploj-ed by the 
King to the plantations in America in and about New England to 
lie considered and communicated only to themselves." The main 
object of their employment is to ascertain the true state of those 
several colonies ; to gain the good opinion of the principal inhabi- 
tants, so as to lead them to desire a renewal of their charter ; to 
secure, in the first place, possession of Long Island, and to reduce 
the people to obedience to the King's Government, that the whole 
trade may be carried on by the English. To land at Boston, but if 
compelled to put first into Long Island, particular instructions are 
given for their guidance ; should they not meet with the reception 
expected or the assistance required from Massachusetts, they must 
visit Connecticut, New Plymouth, and Rhode Island, and try and 
get support fi'om thence. To examine cai-efully the first and second 
charters granted by Chailes I., and any othei-s since granted ; to 
inquire into all laws passed during the late usurping Government ; 
to be very particular not to give offence to either of the religious 
sects ; to frequent their churches and to be present at their devotions. 
On the subject of religious controversies they are particularly in- 
structed ; " it will not be rational to appear solicitous to make any 
change in the matter of religion ; " to press the Governor to call a 



AMERICA AND WEST INDIES. 201 

1G64. 

General Assembly, and to do their utmost to have members chosen 
who are most inclined to promote the King's service ; the nomina- 
tion or approbation of their Governor, and tlic apiiointnient of the 
commander of the militia, "we could heartily wis], should be gained 
upon them " Dick NicoUs for their Governor, ami ( '(jIoikI ( 'artwright 
for Major-General. Prrntal In Xrv ]'<-,■/■ Bucamchf^, III., 57-01. 
10 pp. [Col. Papers, Vol. XVIII., Xo. 52.] 

[April 23.] 714. Another copy of the above. 15 pp. [Cvl L'ntn/ Bk., Vol. 
XGIL, p. 209.] 

April 23. 715. The King to the Governor and Council of the Massa-chusetts 
Bay. Having taken very much to heart the welfare and advance- 
ment of the plantations in America, and ])articularly that of New 
Englanil, which in truth hath given a good example of industry and 
soljriety to all the rest, whereby God hath blessed it above the rest, 
and desiring the conversion of infidels and pagans, which ought to 
be the chief end of all Christian plantations, the King has thought 
fit to send Commissioners to take a view of the good Government 
there and receive full information of the true state and condition of 
that plantation and of their neighbours on all sides, so that his 
Majesty may the better judge what he is to do either for the better 
repairing of any thing that is amiss, or the better improving and 
encouragement of what is good. The King explains under six heads 
his reasons for sending the Commissioners, viz., to discountenance, 
suppress, and utterly extinguish all unreasonable jealousies and 
malicious calumnies that the King's subjects in those parts do not 
submit to his Majesty's Government, but look upon themselves as 
independent upon us and our laws, and that the King has not con- 
fidence in their affection and obedience, all which lewd aspersions 
must vanish upon this his extraordinary and fatherly care manifested 
in the instructions given to his Commissioners. That all the Kind's 
good subjects may know how far his Majesty is from the least inten- 
tion or thought of violating or in the least degree infringing their 
charter or restraining the liberty of conscience thereby allowed, the 
support and maintenance of which the King believes is at present as 
necessary as ever, and therefore is very willing to confirm and renew. 
That all differences betwixt the several colonies upon their bounds, 
limits, and jurisdictions may be composed ; all which will be easily 
reconciled by the Commissioners upon the place or by a just deter- 
mination upon a matter of right, or representation to the Kino- in 
cases of ditiiculty. That the King may receive full and particular 
information of the state and condition of the neighbour Princes, from 
some of whom his Majesty has received addresses of great respfct, 
though not without some complaint or insinuation of injustice or 
hard measure exereiseil towards them from thi colonies, to which 
Princes the Commissioners will, if necessary, repair in person and 
assure them of the King's friendship and protection from injustice 
and oppression. That the plantations may be protected from the 
invasion of their neighbour nations and the ])ossession of any lands 
or territories by them provided against, as the Diiteli have lately 
possessed lands to the great prejudice of the King's subjects and the 



202 COLONIAL PAPERS. 

1664. 

obstruction of trade, so his Majesty desires they will join and assist 
his Commissioners vigorously in recovering his right in those places 
now possessed by the Dutch, and reducing them to obedience and 
submission to the King's Government, in which case they are to be 
treated as neighbours and fellow subjects, and enjoy quietly what 
they are possessed of by their honest industry. That the Commis- 
sioners should confer with the Governor and Council of the Massa- 
chusetts on the .subject of the King's former letter of June 28th, 1C62 
[see ante, No. 314], and their answer of 2.5th November following, 
" of which we shall only say that the same did not answer our 
expectation nor the profession made by your said messengers," but 
the King makes no doubt the Governor and Council will give him 
satisfaction in all he looks for at their hands. Has now imparted 
the most important reasons for this extraordinary charge in sending 
Commissioners, and doubts not their proper reception and treatment 
of them. This letter to be forthwith communicated to the Council, 
and a General Assembly called within 20 days and this letter read 
to them. Printed in New York, Docmnents, III., 61-63. 6A pp. 
[Col. Papers, Vol. XVIIL, No. 53.] 

April 23. 716. Another copy of the above. 8 pp. [Col. Entry BL, Vol 
XCIL, pp. 19-5-204.] 

April 23. 717. Instructions to Col. Rich. NicoUs, Sir Robt. Carr, Geo. 

Whitehall. Cartwi'ight, and Samuel Maverick e. Commissioners for the visitation 
of our Colony of Connecticut. To find out the full difference be- 
tween them and the Massachusetts, both in their civil and eccle- 
siastical estate. "We conceive those of Connecticut to contrive 
themselves under the most rigid Presbyterian Government, so that 
you will find their neighbours free enough of their censures of them, 
of all which you will make no other use than for your own infor- 
mation how to govern yourselves." To declare their firm resolution 
to maintain the charter, without the least restraint of freedom of 
religious opinions. To confer with Mr. Winthrop upon the pretences 
of those of Rhode Island, the charter having passed the Great Seal 
rather upon the good opinion and confidence the King had in Win- 
throp than that the difierences were composed on the boundaries. 
To inform themselves what was done about the j^ear 1644 in refer- 
ence to the purchase of a large tract of ground about the Narrangan- 
sett Bay from the chief Sachem, the formal transfer remaining still in 
the hands of Sam. Gorton, Jolni Wicks, and Randall Houlden who 
inhabit at Warwick in Rhode Island and let the Sachems know 
the King wiU do them justice. If found belonging to his Majesty 
then to be called King's Province, and the iuhabitanis to be left 
undisturbed. To inform themselves what encroachments are made 
by any foreigners and resolve upon the most efiectual means of 
reducing them to the King's obedience or removing them. To find 
out what Letters Patents have been heretofore granted, and how the 
lands so granted are possessed and cultivated, so that if the intention 
of said grants have not been pursued the King may " avoid " the 
same. To inform themselves what ironworks are already erected, 
the conveniences for others, the nature of the ore, &c. And of the 



AMERICA AND WEST INDIES. 203 



discovery of any mines of gold or silver, so that the King may 
receive the fifth part as reserved by their charter. Printed in New 
York Docwments, III., 55, 50. 5 pp. [Col. Papers, Vol. XVIII., 
Ko. 54.] 
[April 23.] 718. Another copy of the preceding. G pp. \C'ol. Entrii Bk 
Vol. XCII, pp. 2'3S-24S.'] " 

April 23. 719. The King to the Governor and Council of Connecticut. 
Has sent his Commissioners according to the resolution declared to 
111-. Wiuthrop when the King renewed their charter, and makes no 
question said Commissioners will be respectfully received by them. 
Their liberties and privileges, whether ecclesiastical or civil, the 
King will not sufl:er to be violated in the least degree, which is the 
principal business of the Commissioners, as likewise to take care 
that the bounds and jurisdictions of the several colonies there may he 
agreed upon, and^especially that the natives receive justice and ci\41 
treatment. 1 p. [Col. Papers, Vol. XVIII., No. 55.] 

April 23. 720. Another copy of the preceding. Ij- 'nn. \Col. Entrii Bk 
Vol.XCII.,pp.Uo,2m.-\ ° 4ii L J , 

[April 23.] 721. An additional instruction to the Commissioners as above. 
To observe so much of theii- instructions for the Massachusetts and 
Connecticut as may be applied to New Plymouth and Rhode Island, 
referring other things to their own discretion, only as to Rhode 
Island to let them know the Commissioners have a present of two 
rich scarlet cloaks from the King to the two Kings who expressed 
so much afiection to his Majesty upon the delivery of their charter 

1 p. [Col. Entry BL, Vol. XCII, p. 244.] 

April 23. 722. The King to the Governor and Council of New Plymouth 
in New England. Need not enlarge upon his care and afiection in 
sending Commissioners to visit them, that his Majesty may have a 
full account of their present condition and how it may be improved 
by any further acts of grace and favour from the King to them. 
Will no more sufler them to be oppressed by any foreign powers or 
iU neighbours than his Majesty will other of his subjects, so is the 
King's care no less that they shoidd live amongst themselves and 
with others as become subjects born under the same Prince and in 
the same country and of the same faith and hope in the mercies of 
om- Lord and Saviour Jesus Christ. Has referred all differences as 
to bounds and jurisdictions of their several colonies to said Com- 
missioners. Theii- late address gave his Majesty good satisfaction 
and leaves no doubt that they will receive these Commissioners as 
becomes them, who will let them know the King's resolution to 
preserve all their liberties and privileges without the least violation. 

2 pp. [Col. Papers, Vol. XVIII, No. 56.] 

April 23. 723. Another copy of the preceding. 2 pp. [Col Entni Bk 
TW. A'C7/., j^)p. 248, 249.] '^ " 

April 23. 724. The King to the Deputy Governor, Governor, [sic] Assistants, 
and Freemen of Rhode Island and Providence Plantations. Acknow- 
ledges their thanks for their charter in their letter to the Lord 



204 COLONIAL PAPERS. 



Chancellor. Assures them of the continuance of all their liberties 
and privileges, without the least violation and of his Majesty's favour 
towards them upon all occasions. The King has according to his 
purpose often declared to them, sent his Commissioners to visit 
his several colonies of New England, to hear all complaints and 
reduce all things there to the rules jirescribed in the several 
charters, and in the point of bounds to put an end to all differences, 
and in case of contradictions in said charters to settle some agree- 
ment by mutual consent, in case of great difficulty to refer same to 
his Majesty. 2 pp- [Co?- Papers, Vol. XVIll., No. .57.] 
April 23. 725. Another copy of the preceding. 2 pp. [('vl. Entry Bl: 
Vol. XCIL, pp. 246, 247.] 

726. Mem. for a Privy Seal for the payment of 800?. to George 
Cartwright, for the use of the King's Commissioners employed for 
the visitation of the Colonies in New England. [Col. Papers, 
Vol. XVIIL, No. 58.] 

[April] 727. Petition of Sam. Mavericke to the King. Acknowledges the 

King's favoiu- in appointing him one of the Commissioners for New 
England, and to have received 250/. towards his setting forth, but 
having expended at least 500?. praj's that the Royal bounty may 
be extended to him somewhat further. [Col. Papers, Vol. XVIIL, 
Xo. 59.] 

April 2G. 728. Commission to Capt. Thos. Owen to raise and ai-ni 100 men 

in England, to be employed in the service of the Royal African 
Comi^any, with officers fit for transporting them into Africa, i p. 
[Dam. Entry Bl:, Chas. II., Vol. XX., p. 13.] 

April 28. 729. Commission to Sir Ellis Leighton and Joseph Williamson to 

take cliarge on the King's behalf of the moiety or half part reserved 
to the King of all forfeitures or prizes of ships, negTo slaves, goods, 
wares, or any merchandise seized by the Royal African Company-, 
they having by Letters Patent the right to make seizure of all such 
goods carried to places mentioned in their charter, and to reserve 
one half of such prizes to themselves, paying over the other half to 
his Majesty. [Dom., Chas. II., Vol. XCVIL, No. 57, Cal. p>. 571.] 

April 29. 730. Warrant to pay to Col. Wm. Legg, lieutenant of ordnance, 
the sum of 2,021/. 12s, 9t/. for furnishing the plantation of New 
England with ordnance. [Dom , Chas. II., Docquets, Cal., j). 573.] 

April 29. 731. Petition of the Council and Assembly of Nevis to Fi-ancis 
Lord Willoughby, Governor of Barbadoes and the rest of the 
Caribbees. Acknowledge the blessing of God in the almost mira- 
culous restoration of King Charles the Second, " whose ajDpearance 
like the rising of the sim soon dispelled all those condensed fogs 
of malignity and oppression in that almost depraved nation." 
Complain that whereas they Tormerlj^ enjoyed freedom of trade 
with all nations in amity with his Majesty, they are now debaiird 
from same, by the self-driving interest " of some not well affcctfil 
to iuir well l:>eing." Many of the meaner sort wt-re wholly em- 
ployed in the manuiacture of tobacco, whereon they lived com- 



AMERICA AND WEST INDIES. 205 



fortably, but now that supplies come only from English ports where 
tobacco is no commodity, and not being able to produce sugar, they 
are forced daily to desert the island. Beg his Excellency to intercede 
with his Majesty for their re-enjoyment of their former freedom of 
trade, so they may transport their goods to any countrj^ in amity with 
England, wherebj^ they conceive liis "Nraj'^sty's revenue by customs 
may be much augmented, and lii- Maj.-^tys poor subjects encouraged 
to continue their stations. ,S'/(//?r./ by .las. Russell, K. M. Russell, 
John Procter, Mich. Smith, Walter Symonds, Era. Kaynell, William 
Freman, Rob. Trevethick, Dav. Nowell, Daniell Lanhukner (?), Albine 
West, and Geo. Gardyner of the Council ; and by Fra. Morton, John 
Jenkins, John Smith, Rob. Overton, William Childes, Roger Earle, 
Thomas Bartlet, John Fade, and John Hughes of the Assembly. 
t inclosure fo lA'o. 804, 2 pp. [Ool. Papers, VoJ. XVIII., Ko. GO.] 

April 29. 732. The Assembly of Nevis to Francis Lord Willoughby. Jointly 
Nevis. submit to his Majesty as their Proprietor and to his Excellency as 
his Majesty's Lieutenant, and pray him to accept this their acknow- 
ledgment of 4^ per cent, to his Majesty, during the term of his 
commission, out of which they supplicate that his Majesty's forts 
and standing guards may be maintained. Signed hy John Jenkins, 
Francis Morton, John Hughes, Robert Overton, John Fade, Roger 
Earle, John Smith, Willm. Childes, Willm. Howard, Francis Summers, 
Thomas Bartlet, and Joseph Grover. 1 p. [('»!. Entry Bk., Ko. 49, 
p. 9.] 

April ? 733. Petition of Paul Holison and Capt. John Gregory to Sec. 

Bennet. To remind the King of their petition for leave to go 
beyond sea as far as Jamaica, which Sir John Robinson presented 
five weeks ago, and reported to have been well received. [Dom., 
Ckas. II.. Vol XGVII.,No. 81, Gal, p. 574.] 

May .5. 734. Pardon to Edward D'Oylej^ of all treasons, felonies, and 

misdemeanor.s, by him comndtted in Jamaica before June 1, 1001, 
with other clauses requisite and usual. \_Dorn., Chas. 11, Docquct.] 

May G. 735. Petition of Wm. Duke of Hamilton and Ann Duche.ss of 

Hamilton to the King. That the Council at Plymouth bargained 
and sold to petitioner's father, James Marquis Hamilton, his heirs 
and assigns, a portion of the main lands in New England called 
the county of New Cambridge, with several other lands and privi- 
leges. Since which time, by reason of the late war, several persons 
have possessed themselves of tli^ bist and most considerable parts of 
the said lands without any arkiMwlcilginent of petitioners' right. 
Pray that the premises be rccunniiended to the Commissioners for 
New England, and care taken that petitioners be restored to their 
just right. With reference to said Commissioners to examine the 
allegations and restore the petitioners to their just rights and 
interest, or otherwise to report their opinion. Annexed, 

735. I. Report of the Commissioners Ric. Nicols, George Cart- 
wiight, and Samuel Mavericke, to the King, on the above 



206 COLONIAL PAPERS. 

16G4. 

petition. They cannot find that any servant, agent, or planter 
was ever sent over liy said James Marquis of Hamilton, to take 
possession of any part of said patent, or that it was ever 
known there that any such patent was granted to said Marquis. 
But they find that the land contained in that patent has been 
granted in part to the Massachusetts as they pretend, part to 
the colony of Connecticut, and part to Rhode Island. The 
10,000 acres which were to be had at the head of Sagadahock, 
in the eastern parts, they cannot find out, for that river hath 
two great streams that feed it, whose heads are not yet kno^vll, 
neither can they hear of any land that EdM^ard Lord Gorges 
had in these parts, by which those 10,000 acres were to have 
been set out. Together 2 i->p. {Col. Papers, Vol. XVIII., 
Nos. 61, 62.] 

May 6. 736. Copy of preceding petition and reference. [Dom. Entry Bl:, 

Chas. II., Vol. XVIII.,ix 49.] 

May 7. 737. Orders of a Council of War held on board the Jersey, in the 

On board the Road of Cape Coast. That there be put into the castle of Cape Coast 
Ca ^Coast '^^ soldiei's, under Capt. Robert Muschamp, and that Gilbert Beavis, 
agent for the East India Company, be desired to be chief factor 
there for the Royal Company, for the same salary he had of the 
East India Company, or for his friends in England to agree with the 
Royal Company, and with two assistants. That masons and car- 
penters and materials for repair of the castle be landed, and provisions 
and ammunition for six months, before the departure of the fleet. 
That whereas upon a fair summons to the Governor of said castle, 
then in service of the Netherlands West India Company, to sui render 
to the Royal Company, they made no reply, and the En-li-li \\( le 
necessitated to employ force, and agreed that merchandise lijinid 
there should be equally dividcil lM-tA\rfn tin- inliabitantsand soldiers ; 
resolved that each ship tliat landrd hkh :qi]i(iint an oflicer for distri- 
bution, and that 20 shares be reseiAcd, of wliieli six to Capt. Robert 
Muschamp, fom- to Lieut. Hammond, four to Henry Clarke, and the 
other six to wounded men and others. That after Cape Coast is 
victualled and manned six men and victuals for six months be sent 
to the castle of Anta if it be spared. That whereas the forts of 
Anamabo and Adia, between the Royal fort of Inashang and castle 
of Coimantin, are still detained by the Netherlands West India 
Company, a speedy course be taken for reducing them. That with 
all possible expedition the Britain frigate, Capt. Philip Cowne, be 
dispatched for England, with letters to the Royal Company. Signed 
hy Robt. Holmes, Joseph Cubitt, Fran. Sehvj^n, R. Lister, Charles 
Talbott, Peter Bowen, Peter Braithwaite, Peter Marett, Robert Fenne, 
Philip Cowne. Indorsed, " Result before Cap Corso." 2 'pp- \Col. 
Papers, Vol. XVIII, No. 63.] 

May 10. 738. Sir Thos. Modyford, Governor of Jamaica, to the King. His 

Barbadoes. Majesty's Royal commands foimd a heart full of alacrity to embrace 

and execute them. Such gracious condescensions, so full of honour 

and confidence, challenge no less than the simple resignation of his 



AMERICA AND WEST INDIES. 207 



1664. 

all to his Royal will and pleasure, which by these he humbly sacri- 
fices. Earnestly beseeches the Great God to make the same an 
acceptable present, whilst in all his actions he appears his Sacred 
Majesty's industrious, beneficial, grateful, and loyal subject. Sir 
Henr}^ Bennet will present an account of the little progress hitherto 
made in his American aflPairs. Indorsed, Rec. June o, 1664. Acknow- 
ledged July 10. 1 IX [Col. Papers, Vol. XYIII., Fo. 64.] 
May 10. 739. Sir Thos. Modyford to Sec. Sir Henry Bennet [Lord Ai-ling- 
Barbadoes.! ton]. Has received his letter of Feb. 22nd, with his Majesty's com- 
missions, instruction.s, and letters. The Westergate arrived April 21st. 
Col. Morgan and his family came to Modyford's plantation the next 
day ; he had lost his eldest daughter, a lady of great beauty and 
virtues, on the tedious voyage, and two more of his family have since 
died of a malign distemper caused by the nastiness of the passengers, 
which has carried off about 30 of the passengers, whereof 12 were 
seamen. This accident has caused most of his passengers to the 
number of 1,500 to refuse to embark on that vessel. In spite of his 
earnest persuasions to the contrary, Morgan did again put himself on 
board with some scores of planters for Jamaica. Has dispatched 
enclosed commission, letters, and instructions to San Domingo. Has 
first sent there as being just in the way, and employed a noted 
Quaker of good temper, skill, and knowledge in merchant afiairs, 
whose_ great cimning, searching, and industrious spirit and loyalty to 
the Iving will beget a confidence in Modyford from that party, "and 
many of that persuasion now go and will come after. This Quaker 
has sent for his wife and children from England, and really it may 
take oft' much of the rude roughness of that sect's temper when they 
fuid John Perrott, an eminent preaching Quaker, content for his 
Majesty's service to appear in a black satin suit with sword and belt, 
and be called captain. Has agreed for a ship -with Perrott to trans- 
port between 300 and 400 passengers, and intends himself to embark 
in three or fom- days with 400 more. Has given the enclosed com- 
missions to some merchants to send on the rest of the subscribers, 
about 600 more. May with good reason expect from hence a yearly 
supply of 1,000 persons, but they are generally so poor they cannot 
pay their passage, which to encourage them should be free. Recom- 
mends that this be done by merchant ships, for the Westergate con- 
veyed 200 at a cost of 3,000?., whilst 300 from hence on the merchant- 
man shall not cost .500?. [Sec. Bennet has here ivritten in the margin, 
Propose to his Majesty.] His promise of free trade, which is really 
one of the chiefest inducements, has not been confirmed in the 
instructions, but as it is granted to Lord Willoughby, will govern 
himself at present according to his Majesty's intentions, and restrain 
Titsall from seizing any [foreign traders] ; but begs for positive 
instructions by the very first conveyance. Will show how his 
Majesty's revenue may be very considerably increased in these parts 
by drawing a parallel betwixt Jamaica and Barbadoes. Barbadoes 
contains 100,000 acres, worth from 10?. to 20?. per acre, and loads 
10,000 tons of shipping. Jamaica, therefore, with 7,000,000 of acres, 
will be of great value if well peopled. Advises (1) that his Majesty 
be prodigal in granting the first million of acres, allowing 30 acres 



208 COLONIAL PAPERS. 

luG-1. 

])er head to white or black ; (2) that land be reserved for those who 
promise to bring out more people ; (3) that until the said million be 
reasonably filled and planted the following additional privileges be 
granted: — (1) freedom from custom in England on exports for 
Jamaica ; (2) trade with all nations in amity with the King ; (3) 
free pa-^^u.■ f') M-rvants in]the Caribbees ; (4) more strict injunctions 
to Lord \\"i!lMii-iil,y in the matter; (5) the great men of England to 
be oliligi'd td scttli.' plantations there ; (G) the Royal Company to be 
obliged to furnish the necessary negroes J'early on easy terms to the 
poorer sort of planters ; (7) that the meaner sort of the people that 
lie on the parish throughout the three nations be sent thither, and 
delinquents sold for five or seven years ; (8) that encouragement be 
given to Germans now oppressed by the Turk, and to all other nations, 
by making them as free as the English ; and (9) that power be given 
for making a coin of the alloy and weight of that of New England, 
about lOd. to the English shilling. This would furnish 20,000 
trained soldiers and 30,000 inhabitants, and then the most cautious, 
whose bags now lye in the dark, will bring them out to improve 
their talent in so ft-uitful and secure a place, for it is an undeniable 
truth every shilling now gained fi-om those people is 20s. loss to 
his Majesty. Finds his character of Col. Morgan short of his worth, 
and shall cherish him as a brother ; he wants the money owing him 
from the Exchequer, in order to purchase 30 or 40 blacks to maintain 
his wife and seven children. Princes that go not forward go back- 
ward, and their Royal growth is safest when least perceptible ; the 
well filling this navel (as the Spaniards call it) of the Indies may 
notalily further this growth. Indorsed, Rec. 5 July, ausW^ July lO'li, 
though referred to tbe Committee of Jamaica for fmther considera- 
tion. Read at the Committee 16 July IGG*. G^ jip. Incloses, 
739. I. Sir Thos. Modyford to (the Governor of San Domingo). 
His Majesty of Great Britain has commanded him to take 
charge of his island of Jamaica, and strictly enjoined him 
to restrain all his subjects from molesting the ships or 
invading the territories of his Catholic Majestj^, nothing 
being more desirable to his Royal nature than that his 
subjects should live in friendly and good correspondence 
with all their neighbours ; in order to which his Majesty's 
Ambassador is now residing in the Catholic King's court, 
well instructed to make all those tenders which may pro- 
duce an everlasting friendship betwixt these most glorious 
nations. In the meantime let us not only forbear all acts 
of hostility, but give each other the free use of our respec- 
tive harbours and the civility of wood, water, and provisions 
for money. Promises himself hy the hands of Col. Theodore 
Cary and Capt. John Perrott a reply suitable to the sin- 
cerity of what is here '\\Titten. Aboard his Majesty's ship 
Marmaduke, 16G4, April 30. Indorsed by Mod^-ford, Copy 
of my letter to the Governor of Sta. Domingo. 

739. II. Sir Thos. Modyford's commission to Col. Theodore Cary 
and Capt. John Perrott. To present his letters to the Pre- 



AMERICA AND WEST INDIES. 209 

1664. 

sident-General of San Domingo in Hispaniola, and to treat 
with him touching a good coiTespondence and commerce 
betwixt his Majesty's subjects of Jamaica and those of the 
Catholic King in the Indies, according to such instructions 
as they shall herewith receive. 1GG4, April 30. 

739. III. Sir Thos. Modyford's instructions to Col. Cary and Capt. 
Perrott touching their negotiations with ,the Spaniards at 
Sta. Domingo. After magnifying his Majesty's power, his 
great love of peace, and the settlement of Jamaica, and 
how much all friendly proceedings will be for the advan- 
tage of both nations, they will obtain discourse with the 
inhabitants, and very warily treat with them for a trade 
at Jamaica, especially for blacks ; and if they can, persuade 
some to come in the ketch to treat with Modyford, offering 
to leave hostages as security. If complying, to advise their 
correspondents in Carthagena of this amicable overture, 
and, if they can, obtain some testimonial from the Governor, 
which may be made use of hereafter. Having stayed so 
long as the matter may require, they are to order Capt. 
Ensom to sail directly for Point Cagway, where Modyford 
hopes to meet them. 1664, May 2. 

739. IV. Sir Thos. Modyford to Col. Morgan. Has advised the 
alilest planters of Jamaica of his coming with a considerable 
number of freemen and labourers, and has desired them to 
repair to the sevei-al ports to hire them, whereby the dis- 
orders and ruin which have happened to former passengers 
will be prevented. Therefore desires him to put into Port 
Morant, Lygonee, Point Cagway, and other ports, to give 
opportunity of making contracts with the inhabitants. 
None but merchants and traders to be landed at the town 
of Point Cagway. Has sent his servant Samuel Conyers 
on these ships, to whom let Modyford's one-half of the 
prisoners be delivered and his goods and provisions got on 
shore. Is confident he will find Sir Chas. Lyttelton very 
glad of his coming, and until his own coming, which will 
be within 10 days, he is to act ^vith Sir Chas. and the 
Council. 1664, May 2. 

739. V. Sir Thos. Modyford to Sir Chas. Lyttelton. Has received 
[22nd April] his Majesty's commission for the government 
of Jamaica, in which Lord Windsor's commission is repealed 
and the honourable bearer (Col. Morgan) appointed Lieut.- 
Governor ; to both which his loyal compliance cannot be 
doubted. The sickness of the Westergate and the number 
of planters going with Modyford cause his stay awhile, but 
hopes on the Marmaduke, Admiral Stokes, to be with him 
within 10 or 12 days. 1GG4, May 2. 

739. VI. Sir Thos. Modyford's commission to Col. Samuel Berwickc, 

Francis Paynes, Serj.-Maj. James Beeke, Captains Sam. 

Newton, Jeremiah Eggington, and Thos. Modyford, John 

Searle, John Hallett, John Rokesby, and Thos. Kendall. 

M 605. o 



210 



COLONIAL PAPERS. 



May 10. 

Barbadoes. 



May 10. 

Barbadoes. 



May 18. 

Bostou. 



May 25. 

Jamaica. 



To treat with any free inhabitants of Barbadoes desiring 
to go to Jamaica, to procm-e ships for their transportation, 
and to make any reasonable contracts. 16G4, May 10. 

739. VII. Sir- Thos. Modyford's instructions to Col. Bei-wicke and 

the above Commissioners. To make known the great pri- 
vileges his Majesty hath granted to the inhabitants of 
Jamaica, which are recapitulated. "I have nothing to 
return to you but thanks for the pains you may take 
herein and the hopes of those I'ewards which usually attend 
persons that serve so gTacious a prince as our Sovereign." 
1604, May 10. Together 10^ 'pP- [Col.Papers,Vol. XVIII., 
N'os. 65, 65 I., II., III., IV., v., vi., vii.] 

740. Copy of the above letter of Sir Thos. Modyford to Sec. Sir 
Henry Bennet. Indorsed hy WiUiamson, Rec. Octoljer 7. G\ pp. 
[Col. Papers, Vol. XVII I., No. 66.] 

741. Extract ii'om the above letter of Sir Thos. Modyford con- 
cerning the encouragement of a free passage to poor persons who 
desire to go from Barbadoes to Jamaica in merchant vessels and not 
in his Majesty's ships. Indorsed, Proposals concerning Jamaica 
[submitted to the King and the Council for Foreign Plantations], 
i p. {Col. Papers, Vol. XVIIL, No. 67.] 

743. Minute of a General Court held at Boston, being a report of 
the proceedings of the Commissioners appointed by the General 
Courts of the Massachusetts and New Plymouth Colonies, determin- 
ing the boundary line, hitherto undetermined, betwixt said colonies. 
That the line stretched from Accord pond upon such a course and so 
marked, and so as aforesaid to the White Oak Axigle tree, from that 
Oak westerly to Neetmocke river as before described, is and shall be 
accounted and reputed the true and settled bound line between the 
colonies of the Massachusetts and New Plymouth ; and that the Une 
first di'awn from said Angle tree to Accord pond shall not be under- 
stood to be the line of division, it being wholly within Plymouth 
The length of the whole line is by estimation about forty miles. 
Signed by Eleazer Lusher, Roger Clapp, Joshua Fisher, Josiah 
Winslow, Constant Southworth, and Robert Hudson. Read in full 
com't. May 29, 1664. Copy certified hy Edw. Rawson, Secretary. 
3 pp. [Col. Papers, Vol. XVIII.', No. 67*.] 

744. Lt. Col. Thos. Lynch to Sec. Sir Henry Bennet [Lord Ai-ling- 
ton]. Sir Chas. Lyttelton having committed the Government to the 
Council, Lynch was chosen President and made Commander-in-Chief 
of the militia and Judge of the island, and on 2nd instant Sir 
Chas. sailed hence in the St. John's Head for London. Under Sir 
Charles's government the people have become obedient and indus- 
trious. They have many hopeful plantations if supplied with 
negi'oes, but the inhabitants do not number more than 5,000 at the 
most, and they are taking an exact account to give Sir Thos. Mody- 
ford at his arrival. Good store of provisions, and not one person 
sick in the whole island. Theii- settlements beinar scattered, near 



AMERICA AND WEST INDIES. 211 



180 miles along this vast country will be commodious to the new 
Commissioners, who will find more than enough vacant land for 
planting. People generally pleased with Modyford's coming, and 
the more so, as he is of the Lord General's recommendation, who 
once before sent the fittest and worthiest man in the world. The 
Deputy Governor, Col. Morgan, arrived 3 or 4 days since, and the 
Governor is expected in five or ten more days in the Marmaduke, 
with 600 or 800 people. The Swallow and Westergate went to 
San Domingo, where Col. Gary, C. Hemlock, and J. Perrott obtained 
a favom-able answer to Sir Thos. Modyford's overtures of peace, but 
it is improbable Jamaica will be advantaged by it, for it is not in 
the power of the Governor to have or suffer a commerce, nor will any 
necessity or advantage bring private Spaniards to Jamaica, for we 
and they have used too many mutual barbarisms to have a sudden 
correspondence. When the King was restored the Spaniards thought 
the manners of the English nation changed too, and adventured two 
or three vessels to Jamaica for blacks, but the surprises and irrup- 
tions by C. Mings, for which the Governor of San Domingo has 
upbraided the Commisioners, made the Spaniards redouble their 
malice, and nothing but an order fi'om Spain can gain us admittance 
or trade, especially while they are so plentifully and cheaply supplied 
with negroes by the Genoese, who have contracted to supply them 
with 24,.500 negroes in seven years, which the Spaniards have con- 
tracted to receive from the Dutch at Cura(jao, on which cursed little 
barren island they have now 1 ,500 or 2,000. Sec. Bennet may judge 
by this whether the Royal Company had not best sell their negroes 
by contract to the Genoese, and whether the best way to get the trade 
and silver of America is not to seclude the Flemings out of Africa. 
The calling in the privateers will be but a remote and hazardous 
expedient, and can never be effectually done without five or six 
men-of-war. If the Governor commands and promises a cessation 
and it be not entirely complied with, his and the English faith will 
be questioned and the design of trade further undone by it. Naked 
orders to restrain or call them in wiU teach them only to keep out 
of this port, and force them (it may be) to prey on ■ us as well as 
the Spaniards. What compliance can be expected from men so 
desperate and numerous, that have no other element but the sea, 
nor trade but privateering. There may be above 1,500 of them in 
about 12 ves.sels, who if they want EngHsh commissions can have 
French and Portugal papers, and if with them they take anything 
they are sure of a good reception at New Netherlands and Tortugas. 
And for this we shall be hated and cursed, for the Spaniards call all 
the rogues in these seas, of what nation soever, Enghsh. And this 
will happen, though we Live tamely in Jamaica, and sit still and see 
the French made rich by the prizes, and the Dutch by the trade of 
the West Indies. We hope at last to thrive by planting, and are 
sure none of our inhabitants will now go to sea or follow another 
C. Mings. Those that were so disposed are long since gone and lost 
to us. If Sir Chaiies has arrived, supposes he has informed Sec. 
Bemiet how many indignities the French of Tortugas and Hispaniola 
have put upon them, and that they infinitely increase and will be bad 



212 COLONIAL PAPERS. 

16G4. 

neighbours if not timely suppressed. The gold-finding Jew, Senr. 
Abram Israel de Pisa, has sailed for England, and left here ore and 
directions to fin(i the gold, but we are all infidels, because the miracle 
is to be wrought in our country ; we believe he has really found and 
cured some little of vanilla and pimenta. The bearer of this, Jacob 
Watson May, is Sir Win. Davison's nephew and agent. 4 ^y'. [Col. 
Papers, Vol XVIII.. Xo. 08.] 

May 28. 745. Warrant to the Attorney-General. Whereas his Majesty 
lately granted to Francis Lord Willoughby, of Parham, the Island of 
Barbuda, within 17f° N. lat., and eight or ten leagues from Antigua, 
uninhabited save by cannibals, for seven years from Michaelmas last, 
rendering to his Majesty a moiety of the profits thereof ; his Majesty's 
pleasui'e is that he prepare a bill, to pass the Great Seal containing 
a grant to John Collins, gentleman, and his assigns, of one half 
of the said moiety of said pi'ofits for the residue of the said term ; 
and also a further gi'ant of said island for 31 years next ensuing 
after said term of seven years, rendering to his Majesty, his heirs 
and successors, four per cent, of all goods exported out of said 
island, together with the same dues and profits reserved to his 
Majesty in Jamaica, see ante, Xo. 514. f }'■ [Dom. Entry Bl:, 
Ckas. il, Vol. XVI, p. 134.] 

June 4-25. 746. Minutes of the Council of Jamaica. Present, Gov. Sir Tho.s. 
Port Royal. Modyford, Col. Edw. Morgan, Maj.-Gen. John Modyford, Lt.-Col. 
Thos. Lynch, Lt.-Col. John Coape, Capt. John Man, Thos. FuUer, 
Maj. Robt. Freeman, Maj. Wm. Ivey, and Peter Pugh, Sec. Ordered 
that all officers, lioth military and civil, continue in their offices until 
further notice. Lieut.-Gen. Edw. Morgan, Maj.-Gen. Modyford, Capt. 
John Man, Major Wm. Ivey, and Sec. Petei- Pugh sworn of the 
Council. The Governor's oath administered to Sir Thos. Modyford. 
Copies of the oaths. 

June 6. — Lieut.-Col. Thos. Lynch, Col. Sam. Bany, and Lieut.-Col. 
Archbold sworn councillors. 

June 9. — Lieut.-Col. John Coape and Maj. Thos. Fuller sworn 
councillors. Capt. John Gaywood and Bartholomew Font sworn 
Deputy Marshals. Commission to be drawn empowering Capt. 
Rutter to reduce the runaway negroes on the north side. Mr. 
Nicolls to be recommended as minister to the parishioners of St. 
Thomas', and to have an order from the Surveyor-General for 300 
acres in the centre of the parish for him and his successors for ever. 
Mr. Sellers, minister, to be recommended to the parishioners of St. 
Andrews, and Mr. Howson, minister, to those of St. David's. The 
public seal to be delivered into the cu.stody of Lt.-Gen. Edw. Morgan, 
Maj.-Gen. Modyford, and Major Ivey, vn.i\\ power to determine any 
case of equity or passing of grants. Order of Governor Sir Thos. 
Modjrford and Council that a commission be granted to Captain 
Abraham Rutter to assemble a number of persons for apprehending 
certain runaway blacks from Barbadoes who have committed murder 
and other felonies upon the north side of the island, and in case 
of resistance to slay and kill said slaves. In case any be taken 



AMERICA AND WEST INDIES. 213 



1664. 



who have no proprietors, such negroes to helong to the takei-s and 
their heirs for ever ; and for such as belong to the inhabitants of 
Jamaica the takers shall receive ol. reward. 

June 11. — Similar order. That all subjects of his Catholic Majesty 
are to be treated, by the King's commands, as friends and allies, and 
prize is not to be made of their ships or goods by virtue of any com- 
mission heretofore granted or under any other pretence whatever. 

June 25. — Capt. Thos. Ballard sworn councillor. [ip. \Col. 
Enti-y BL, No. 34, j^p. 91-98, 117-120.] 

June 7. 747. Deposition of Stephen Ustick, late commander of James 

Island, in the river Gambia. On the 4th or .5th Dec. 1G61 Morgan 
Facy, commander of Charles Island in said river, gave leave to 
Francis Franson de Sluyter, commander of the Black Eagle, belong- 
ing to the West India Company of Amsterdam, with Petro Justo 
Bacque and Jan Vandervoort, two factors 'from Cape Verd, to 
trade in the river, who coming to anchor before James Island, after 
having been some time with said Facy, told Ustick they would 
give him 1,000 pieces of 8 and goods to the value of 300 pieces of 
8, if he would deliver up said island ; that they had brought 30 
soldiers to settle there, and that they " had some assin-ance from 
one that had a greater command than this deponent ;" but Ustick 
replied that none should command him to betray his trust, that he 
scorned both their money and goods, and as long as he had powder 
and shot they should never effect their desires ; on which the 
Dutch went away to trade at Vintan. Soon after came Capt. 
Quick of the Kingsale and Patrick Robertson, factor for the Dutch, 
who said it was better to let the Dutch have the island for so much 
goods, for if ever any ships arrived from the Royal Company James 
Fort would be sUghted, but this deponent uttei'ly refused. On 
25th Jan. 1662 said factors came again with their former discourse, 
saying the negroes would surely cut them off, that the Royal Com- 
pany were no more a company, and the Dutch would give him a 
ship and provisions to carry himself and his men away. But Ustick 
commanded them to depart, or he would proceed against them as 
enemies, upon which they went down and stayed two days at 
Charles Island. On 19th June 1662 the King of BaiTa sent word 
there were two Dutch ships come over the bar, and he believed 
they meant no good to the English. On 21st, when said ships 
came within shot, deponent fired to bring them to anchor, but the 
wind being strong, tliey passed by after this deponent had shot 20 
guns at them, and they 15 or 16 at the King's flag. Then they 
went to Vintan, and declared to Capt. Manoel Vas de Franca and 
Manoel Aluris de Britto, the Portuguese Commander-in-Chief and 
chief merchant, " that though that young fellow at James Island 
was so quick at their coming in, they were resolved to have the 
said fort ere they went out," and had 100 men for that business. 
On 2nd July they came by again at night, and this deponent fired 
at the l:)iggest and shot awaj^ her topmast. In December 1661 
Justo Bacque gave the King of Barra brandy and linen to war 
with the English by land, for he was come with his ship " to rout 



214 



COLONIAL PAPERS. 



June 



June 8. 



June 11. 

Whitehall. 



June IS. 

"WhitehaU. 



them out of the river," and once the King attacked Charles Island, 
but were repulsed with loss, and after peace was made with the 
negi-oes they declared that the Dutch factor moved them to war, 
and promised them great things. 21 pp. [Col. Papers, Vol. 
XVIII.,No.60.] 

748. Report of Sir Geotti-ey Palmer, Attorney-General, in 
obedience to the King's commands, on petition of Ferdinando Gorges, 
grandson of Sir Ferdinando Gorges [see ante, No. 64]. That Sir 
Ferdinando obtained a grant of the Province of Maine, 15 Car. J., 
which he governed for some years without disturbance, and ex- 
pended about twenty thousand pounds in the plantation thereof. 
That he was in actual service for the King during the unhappy 
wars, whei-eby he was a great sufferer, plundered and imprisoned 
several times, and thereby disabled from further expense in carry- 
ing on said plantation, and his commissioners forced to return by 
the then pretended Commissioners for Foreign Plantations, and so 
lost the possession. The inhabitants then petitioned the Governors 
of the Massachusetts or bay of Boston to take them under their 
Government, which they did, and have continued under their 
Government ever since. That petitionei''s commissioners since his 
Majesty's restoration have endeavoured to take possession of said 
Province for petititioner, being heir to his grandfather, but have 
been hindered by said Governor of Massachusetts, who requii-ed said 
commissioners to proceed no further until they had order from the 
supreme authority of England, all which is certified. Certified copy 
by Michael Brighouse. 2 pp. [Col. Papers, Vol. XVIII., No. 70.] 

749. Another copy of the preceding. 2 i>p. [Col. Papers, Vol. 
XVIII., No. 71.] 

750. The King to the Inhabitants of the Province of Maine. 
Recites above report of Sir Geoffrey Palmer on petition of Ferdinando 
Gorges, grandson of Sir Ferdinando Gorges, touching his title to the 
Province of Maine. Has taken the whole matter into consideration 
and finds the petitioner's allegations and said report so consonant 
that the King has thought fit to require them forthwith to make 
restitution of said Province unto petitioner or liis cniinniNsioners, and 
to deliver to him or them the quiet and peaceaMr po^^issiim thereof, 
"otherwise that without delay you show us reascm td tlif contrary." 
3 pp. [Col. Papers, Vol. XVIl'l, No. 72.] 

751. The King to the Governor of the Massachusetts Colony and 
Council of New England. The second letter was directed thus. 
To the inhabitants of the Province of Maine m New England. Copy 
of the preceding letter. 5 pp. [Dom. Entry Bk., Chas. II., Vol. 
XIV., pp. 28-30.] 

752. Warrant to the Clerk of the Signet. To prepare a bill to 
pass the Privy Seal, authorising and requiring Francis Lord 
Willoughby of Parham, Governor of Barbadoes, to deliver to Sir 
Thomas Modyford, Bart., Governor of Jamaica, or his assigns, sugars 
belonging to his Majesty in Barbadoes to the value of 1,000/., to be 
employed towards the finishing of the Great Fort of Jamaica, necessary 



AMERICA AND WEST INDIES. 215 

1GG4. 

for the security of that island. ^ p. A docquet of this vxirrant is 
dated June 29th. [Dom. Entry Bk, Chas. II., Vol. XVI., p. 150.] 

June 1.5. 753. The King to Sir Thos. Modyford, Governor of Jamaica. 

Whitehall. His Majesty cannot suiBciently express his dissatisfaction at the 
daily complaints of violence and depredations done by ships, said to 
belong to Jamaica, upon the King of Spain's subjects, to the pre- 
judice of that good intelligence and correspondence which his 
Majesty has so often recommended to those who have governed in 
Jamaica. He is therefore again strictly commanded not only to 
forbid the prosecution of such violences for the future, but to inflict 
condign punishment on offenders, and to have entire restitution and 
satisfaction made to the sufferers. 1 p. [Col. Papers, Vol. XVIII., 
No. 73.] 

June 1-5. 754. Entry of the above. 1 p. [Dom. Entrij Bl\, Chas. II., 
Xo. XVI., pp. 41, 42.] 

[June 15.] 755. Draft of the preceding, with corrections in the handwriting 
of Williamson. 1 ^j. [Col. Papers, Vol. XVIII., No. 74.] 

June 15. 756. Petition of the Royal African Company to the King. Have 

eight ships with ladings, worth 50,000/., ready to dej^art for supply 
of garrisons and factories along the whole coast of Africa : have 
received insolent protests and threats from the Dutch at Castle de 
Mina, who propose to put down the English trade by force, and are 
said to have sent ships of war that way ; petitioners having laid so 
liberally the foundations of the trade for the good of the nation and 
sujiport of the very being of the Ameiican plantations (which must 
fall with the loss of the African trade through want of negro 
servants), pray for the Royal protection, and for a convoy of ships 
to protect their intended expedition along the whole coast of Africa 
from Cape Yerd to Cape Lopez. [Dom., Chas. II., Vol. XCIX., 
No. S3, Cai, i>. (il7.] 

June IG. 757. Grant to John Collins, Gent., of the moiety of the rents 
and profits I'eserved for the Island of Barbada, alias Barbuda, in 
America, for the residue of the term of seven years, for which it is 
granted to Francis Lord Willoughby, with a further grant of said 
island for 31 years, rendering yearly four per cent, for all goods of 
the production of the island exported, or such duties as shall be 
payable for any goods brought from Jamaica. Indor-ied, June 
the 16th, 1664. See also ante, Nos. 514, 745. [Dom., Chas. II., 
Docqucts.] 

June 17. 758. Governor Lord Willoughby to the King. A Spani.sh ship 
Barliadoes. had arrived from C'adiz on the part of the Royal African Company 
to take 1,000 negroes to the Spanish main, but owing to the short 
notice given, the factors had only been able to supply 800. The 
captain on being told that he would be allowed, promised to come 
again for other trade, which will be beneficial to the island and his 
Majesty, who reaps no advantage fi-om the present trafhc. Has 
obeyed his Majesty's command, and not demanded the tax of 10 
pieces of eight on each of these negroes. The money coming in is 



216 COLONIAL PAPERS. 

1G04. 

only sufficient to pay the assignments which his Majesty has put 
upon his revenue, for paj^ing the creditors of the Earl of Carlisle. 
If Lord Willoughby had not had a little credit of his owti he could 
not have settled Sta. Lucia ; has placed a number of men in that 
island of which he hopes to send his Majesty a })articular account. 
3 pp. {Col Papers, Vol. XVI I L, Xo. 75.] 
June 22. 759. Order of the King in Council. Certain reasons of the Coun- 
^\^litehall. cil of Barbadoes having been presented by William Willoughby 
against the grant under the Great Seal of England, of the Provost- 
Martihal's place to Fras. Cradock for life, Capt. George who brought 
same from Barbadoes is ordered to attend the Attorney-General 
with said reasons, who will report to the Board his opinion thereon. 
Annexed, 

759 I. Reasons of the Council of Barbadoes against Mr. Cradock's 
appointment. That the Provost-Marshal is in nature of 
a sherifl', and he ought not, therefore, to continue in office 
beyond one year. Unless the Provost-Mai-shal give proper 
security there will be no remedy against his or his deputy's 
acting unfaithfully ; and claiming under the Great Seal, 
he conceives himself not obliged to give such security. 
If these officers are not accountable to the authorities in 
the island, they wiU grow careless and neglect their duties. 
759 II. Report of Su- Geoffrey Palmer, Attorney-General, to the 
King. Finds that by Letters Patent of 2 Aug. 1660 the 
office of Provost-Marshal General of Barbadoes was granted 
to Fras. Cradock for life ; also that by Letters Patent of 
12 May [ndstake for Jime^ 166.3 Fras. Lord Willoughby 
of Parham was appointed Governor of Barbadoes and all 
the Caribbee Islands, with power to make sheriffs and 
other officers there, and ordei's and ordinances as near as 
may be to the laws of England. It is alleged on behalf 
of the Governor and Council that the authority claimed 
by said Cradock is the same in substance vnth the office 
of sheriff in England, and that the office of sheriff is dis- 
tinct from the office of Provost-Marshal, and that pro- 
cess of law ought to be executed there by the sheriff, 
which allegations said Ci-adock doth deny. Cei-tifies that 
the laws of England take no notice of a Provost-Marshal, 
who is a military and not a civil authority, and did never 
execute process of law, but what the use has been in 
Barbadoes, and whether it be convenient to put the power 
of executing process there into the liands of a Provost- 
Mar.»hal, is proper to be informed from the place. Con- 
ceives however that it being a new plantation his Majesty 
might dispose the power of executing process at his plea- 
sure. Indorsed, June 26, 1665, "Appointed to be heard 
the second Covmcil day in Mich^ . tenu." Together 3 jyp. 
[CuJ. Papers, Vol. XV I I I., Nos. 76, 77, 78.] 
[June 23.] 760. Petition of Benjamin Bueno de Mesquita, a Portuguese 
merchant resident at Jamaica, to the King. That by a late Act 



AMEEICA AND WEST INDIES. 21? 



of Parliament petitioner as a foreigner is prohibited from trading 
to his Majesty's plantations, to his utter, ruin, he having all his 
estate there. "Prays for Letters Patent making him a free denizen, 
and so drawn that he may take the oath of allegiance there. 
With reference to the Attorney-General. And on same leaf. Report 
of Sir Geoffrey Palmer, Attorney-General, to the King. That he 
has considered this petition and conceives his Majesty may legally 
grant the same, 1664, July 5. l^ pp. V'ol Papers, Vol. XV III., 
No. 79.] 
June23. 761. Entry of the preceding. {Dora. Entry BL, Chas. II., Vol. 
XVIII., p. 68.] 

June 26. 762. Joseph Martyn to Sec. Bennet [Lord Arlington]. Is writing 
Port Royal, liy Thomas Clift'ord's commands. Governor Sir Thos. Mod y ford 
Jamaica, ^^.y^y^^ q^ the 7th inst. [sic, 1 1st inst.], with the Marmaduke, 
Capt. Stokes, and another ship from Barbadoes, with 700 planters, 
who are very well pleased with the country. It was formerly 
supposed that private men-of-war going out from this harbour 
did much obstruct planting ; their commissions being now repealed 
they will no longer be able to impede it. His Excellency has been 
very studious in endeavouring to procure trade with the Spaniards, 
but the Governor of San Domingo has only given leave for the ships 
to water and careen in Spanish ports. Not above three of the 
pi-ivateers have as yet brought in their commissions. Instances 
the ill resentment of the Spaniards against trade with the English, 
nevertheless his Excellency powerfully invites them. The privateers 
are a little discovu-aged by the peace ; one has captured a vessel 
bound from Jamaica to Holland. Indorsed, Per the Nicholas 
of London. 1 /). {Col. Papers, Vol. XVIII., No. 80.] 

June 26. 763. Capt. A. Vandiemen Swart to Lord Windsor. Received 
Jamaica, orders to return, but has been 17 months at sea with very bad 
success, cables and anchors lost, sails worn, and was not able to put 
to sea; now Sir Thos. Modyford has taken the frigate for his 
Majesty's service. [Born., Chas. II., Vol. XCIX., No. 137, Cal., 
p. 626.] 

June 27-29. 764. Gov. Lord Willoughby to Sec. Lord Arlington. Has just 
Barbadof.;. returned from the Leeward Isles, suffering much from the gout, 
whicli he shuffled off during his voyage ; and will give more particu- 
lar account of the settlement of the King's business, the payment of 
4i per cent in goods, for they have no money, and the encroach- 
ments of the Fiench in the islands, when he is able to sit up. Has 
furnished Sir Tlios. Modyford with about 800 people, who sailed 
with them himself, but makes it his humble request that he will 
divert his Majesty from giving any more such orders, for it is not 
beginning at the right end to improve his interest in these parts, 
for he doth but take out of his right pocket to put into his left. 
Europe is the magazine of people, and from thence his Majesty ought 
to send them a constant supply every year. It has been found by 
woeful experience, that in all new settlements whither people are 
removed from th(3 old ones, 10 die; for one that comes fresh and raw 



218 COLONIAL PAPERS. 

1664. 

out of Europe ; must refer to the physicians for the reason. Refers 
to the cases of Santa Cruz, settled by the Earl of Marlborough, and 
Jamaica by the usurper O. Hears of some in England trying to 
get grants, but without the King's special oi'der he will stop all such 
cries ; let them be obliged to settle with men out of Eui-ope. Has 
almost run himself out of breath, but now retiu'ns his most humble 
thanks for his favoiu^s and friendship which his brother assm-es him 
of, and he needs with as great satisfaction as the first night he went 
to bed to his mistress. 

June 29. — The ship having stayed longer than she expected, some 
more strength has come to him, by which he can use his pen himself, 
to inform him of one most necessary particular, \'iz., that some able 
and honest lawyer be sent out with a suitable salary to be Lord 
Chief Baron of the Court of Exchecjuer, wdiich Lord Willoughby has 
erected here ; for since Sir Thos. Modyford's departure, the judges, 
being all plantei's, through ignorance and timorousness, neglect the 
King's business. An able person should also be sent to prosecute as 
the King's attorney, for those on the island are mostly broken 
attornies who have either committed some misdemeanor for which they 
could not stay in England, or else could get no practice there. De- 
sires a warrant for granting patents for these places according to his 
commission. 3 j^p- [Col- Papers, Vol. XVIII., No. 81.] 

June 28. 765. Col. Edward Morgan to Sec. Bennet [sic]. Would not 
Port Koyal. have troubled his seriousness with this second, were he not assured 
that his first had been taken by one of the pu-ates from this place, the 
number of which he fears will very much increase by this inhibition 
of privateers. There are 14 or 1-5 sail still abroad Avho wUl not come 
in unless it be to lead the enemy in upon us, which is easily done, 
they being 2,000 or 3,000, we having not so much fortification as to 
lodge 100 men. Believes no place in the world hath been so much 
" let at perdu " as this place, and will now be a gi-eat deal more, for 
we have nothing but the bodies of men dispersed near 150 miles 
asunder to resist. The privateers do not now hinder the planters at 
all, since it is not permitted to send any more out of the country, 
but are a gTcat security, and it is very necessary to contmue them 
till the land is better settled. Near 1,000 came down with our 
incomparable Governor, and believes as many more will follow with 
his lady. Has related to his Majesty his great punishments, and 
hopes his plantation will soon aflbrd something for acknowledging 
his favours. In the Westergate they took a privateer ; another 
under Captain Swart has come in voluntarily ; and a third with a 
Spanish prize ; but the rest he warrants will keep aloof, unless it be 
to do us a mischief. Indorsed by WUliamso')}, want of fortifica- 
tions, usefulness of privateers, desires your Honours' protection. 
Answered Nov. 12th, 1664. 2i- p2). [Col Papers, Vol. XVIII., 
No. 82.] 
June 28. 766. Petition of Thomas Lord Windsor to the King. According 
to his instructions, contracted with the Royal [African] Company for 
300 negToes at 20?. pier head, but not being delivered within the 
time appointed, petitioner was occasioned several expenses more 



AMERICA AND WEST INDIES. 219 



16G4. 

than his Majesty's (allowance ?). Desires his accounts may be 
examined. Referred to the Lord High Treasm-er and Lord Ashley, 
Chancellor of the Exchequer. ^ j). [Dora. Entry Bk., Chas. II., 
Vol. XVIII., IX 68.] 
June 30. 767. Sir Thos. Modyford to Sec. Bennet [Lord Arlington]. Has 
Jamaica. been here about 30 days ago, during which time has viewed tlie 
country. Finds it very healthful and pleasant, and di\'ided into 
pastm-es, woods, and rivers. The people generally settled about the 
first, which would yield great profit if well stocked ; gTass for 100,000 
cattle is thus lost, but their cattle is the fairest in the world. Those 
who came with him have pierced into the heart of the island, which 
is as good land as the Cliff" in Barbadoes, and their remaining friends 
there will need no other invitation. Has published liis commission, 
and filled up his Council to 12. Was received with the utmost kind- 
ness, and his flatterers say he has seen more of Jamaica in a fort- 
night than all his predecessors saw during their reign. Has settled 
to the general contentment of the people his abode at the Town 
instead of at the Point, which could not be reached without passing 
six miles by water and was an uncertain, tedious, costly, and intoler- 
able grievance to the country. Is now settKng the com-ts of justice 
and militia. The envoys to San Domingo were very courteously 
received, and promised all kindness imaginaljle. Encloses English 
copy of the Governor's letter ; is now prepaiing a despatch for 
Carthagena. 987 persons came with him in the Westergate, Bless- 
ing, Marmaduke, and Swallow ; many more would have come had 
Modj'ford had conveyance for them ; all these were persons out of 
debt and mostly belonging to composed families and are now plant- 
ing apace, having been set down where they desired to plant ; they 
are very healthful and well contented with the soil they maniu'e. 
Doubts not his Majesty will find a speedy change both of reputation 
and returns from this place. Found Capt. Swart with the Griflin 
without men and money, and his vessel impossible to go to sea. 
Has presumed to fit her up on his Majesty's account, and wiU if he 
can get men, send her to Barbadoes to carry the mviting news and 
bring down his wife with the rest of his family, being resolved 
thoroughly to execute his Majesty commands or perish. Is per- 
suaded by this time that orders have been sent to Barbadoes for 
payment of the passages on the Blessing at 2.50 lbs. sugar per head, 
and that Sec. Bennet will intercede for payment to the Royal Com- 
pany for those on the Marmaduke at 30s. per head, that it may not 
lie on him as a too severe reward for the forwardness of his service 
in procuring so many to go with him. Has made the enclosed 
publication against privateers in pursuance of his Majesty's com- 
mands, but fears it will drive them to the French at Tortugas, and 
turn their forces against this island and all trading with us, which 
was in some part effected on Captain Watson, who was surprised 
by them at Bluefields Bay. Hears they are 1,500 brave men; has 
therefore thought it more prudent to do by degrees and moderation 
what he had resolved to execute suddenly and severelj^ hoping 
to gain them ofl' more safely by fair means and reduce them to 
planting, to accomplish which he must somewhat dispense with the 



220 COLONIAL PAPERS. 



strictness of his instructions. Has incumbent on him, besides the 
public, the settlement of his own private family consisting of eighty 
persons. With marginal notes hy Williamson. Indorsed, " Ree. 
Oct. 7." Incloses, 

767. I. Proclamation of Governor Sir Thos. Modyford strictly 
charging all his Majesty's loving .subjects to treat all the 
subjects of his Catholic Majesty as friends and allies, and 
not make prize of any of theii- ships or goods by virtue 
of any commission. Port Royal, 1664, June 15. Together 
4 p2j' [Col. Papers, Vol. X'VIII, Xo. S3, 83 I.] 
July 8. 768. The King's grant"and confirmation to the Governor and Com- 

Westminster, pany of the colony of Rhode Island and Providence Plantations in 
New England. W 2Jp. \Col. Papers, Vol. XVIII. , Xo. M.} 
July 12. 769. Petition of merchants, planters, and mastei"s of ships 
trading to the Plantations to the King. That there is a wicked 
custom to seduce or spirit away young people to go as servants to 
the )3lantations, which jDetitioners abominate the very thoughts 
of. This gives the o]5portunity to many evil-minded persons to 
enlist themselves voluntarily to go the voyage, and having re- 
ceived money, clothes, diet, kc, to pretend they were betrayed or 
carried away without their consents. Pray that persons may be 
appointed under the Great Seal who may enter the names, age, 
quality, place of bii'th, and last residence of those desiring to go 
to said Plantations, which will be a means to prevent the betraying 
and spiriting away of people. With reference to the Attorney and 
Solicitor-General to consider what may be done by law, also to call 
some of the petitioners before them and report thereon. Whitehall, 
1664, July 12. Anne.ced, 

7G9. I. Report of Sir Heneage Finch that he finds the mischiefs 
complained of very fi-equent, there being scarce any voyage 
to the Plantations but some are carried away again.st their 
wills, or pretend to be so after they have contracted with 
the merchants and so run away. That a registry of pas- 
sengers to the Plantations who go by contract with the 
merchant would l)e a proper remedy. That the King might 
by law erect such an office with a small fee annexed, but 
it will never be effectually executed without an Act of 
Parliament imposing a fee sufficient to recompense the 
liains. 1664, July IS. 2 pp. [Col. Papers., Vol XV., 
Xo. '31, pp. 16, 17.] 
1664 ? 770. Memorial of the Lord Mayor and Court of Aldermen to the 

Privy Council. That usually for the supply of soldiers to divers 
parts and sending of men to the several Plantations beyond the seas 
without lawful press, certain persons called " .spirritts " do inveigle 
and by lewd subtilties entice away youth against the consent either 
of their parents, friends, or masters, whereby oftimes great tumults 
and uproars are raised within the city to the breach of the peace 
and the hazard of men's lives, which being of dangerous conse- 
quence the memorialists request their Lordships will take into 
consideration and devote some course for the suppressing of them, 



AMERICA AND WEST INDIES. 221 



1664? 

either by proclamation or otlierwise. [Dom., Chas. I., Vol. CCCCVIIT., 
N'o. 17, Cal, p. 270.] 

771. Lady Yarborougli [to Williamson. A poor boy of whom she 
had care has been stolen away by spirits, as they call them, who 
convey such boys to ships for New England or Barbadoes. Begs a 
warrant for the bearer whose apprentice he was to search ships 
for him. [Dom., Chas. II., Vol CIX., No. 23, Cal, p. 140.] 

772. Proposals to the King and Council to constitute an office 
for transporting to the Plantations all vagrants, rogues, and idle 
persons that can give no account of themselves, felons who have 
the benefit of clergy, such as are convicted of petty larceny, vaga- 
bonds, gipsies, and loose persons, making resort to unlicensed brothels, 
such persons to be transported from the nearest seaport, and to 
serve four years according to the laws and customs of those islands, 
if over 20 years of age, and seven years if under 20. For want of 
such an office no account can be given of many persons of qxxality 
transported in the late times of rebellion, wherefore in future all 
such persons to be registered under penalty of 20/., no person under 
12 years of age to be transported unless their friends and relations 
shall first personally appear at the office and give good reasons for 
the same, half the fines paid by merchants, mariners, or planters 
for persons transported to be given to the King, and the other half 
to the officers for transport. [Bom., CJh,.^. II. ^ Vol CIX., No. 88, 
Gal, p. 147.] 

1064. 773. Nine articles of proposals concerning the plantations of 

[July 16.] Jamaica, extracted from Sir Thos. Modyford's letter to Secretary 
Lord Arlington of May 10, 1664 [see ante, No. 739, also report on 
same, X'o. 784] with marginal notes. Indorsed, The proposals of 
the Jamaica Committee, to be i-eturned to the Clerk of the Council. 
2 pp. [Col Papers, Vol XVIII., No. 8.5.] 

July 20. 774. Samuel Mavericke to Capt. Thomas Breedon at Boston. 
Pascataway. After a tedious voyage of near 10 weeks, two of their ships arrived 
here this afternoon where they hourly expect their other two ships, 
the Guinea, Capt. Hyde, and the Elyas, Capt. Hill. As they were 
ready to come in, there went out a pink, taken as a prize by a ship 
of Jamaica, but by authority of the Governor of Massachusetts, 
seized upon by Capt. Oliver, and carried for Boston. Shall desire 
him to advise the Governor and Council to take care how they 
dispose of things out of their bounds, his Majesty's Commissioners 
being at length come into these parts. Longs to see him, their stay 
being only for a little water and their other ships, when they must 
go for their appointed port in Long Island. P.H. — A letter at the 
same time sent to Mr. Jordan from Mr. Mavericke, intimating his 
arrival and desire to see him, and another to Major-Gen. Denison 
to the same effect. 1 p. Printed in New York Documents, III, 
6.i. [Col Papers, Vol XVIII., No. 86.] 

July 21. 775. Samuel Mavericke to the Hijnourable William Coventry. 
Pascataway. Embraces the first opportunity to acquaint him with the [larticulars 



222 COLONIAL PAPERS. 



of their voyage. Not only met with cross winds, but very bad . 
weather, yet all the ships kept company till the 13th instant they 
lost the Guinea, and since the 16th have not seen the Elyas. Have 
put in here to recruit with water, and in expectation to imeet the 
rest of their fleet ; yet if they come not suddenly, will hasten for 
Long Island. Has more than hopes that all things in these parts 
will prove very successful for his Majesty and his Royal Highness' 
service and interest. Printed in New Yovh Documents, III., 65, 
06. 1 p. [Col. Papers, Vol. XVIIL, No. 86.] 

July 23. 776. Sir Robert Carr and Col. Samuel Mavericke to John Rick- 
Fascatawiiy. bell. Desire him to make all convenient haste to his habitation 
in Long Island, and as he goes acquaint such as are affected for 
his Majesty's service that some of them are arrived, and shall all 
suddenly be in Long Island; and that readiness to promote his 
Majestj^'s interest shall be much taken notice of P.S.- — A warrant 
under the same hands to press a horse for Mr. Rickbell, if occasion 
should be, he paying for the hire. Printed in New York Docu- 
ments, III, 66. i p. [Col. Papers, Vol. XVIIL, No. 86.] 

July 28. 777. Minutes of the Council of Jamaica. Ordered that Mr. Noy 

St. Jago-de-la- go to the Vermexales negroes, with Bryan for his interpreter, to 

"^^S."-- know whether they will accept Sir Chas. Lyttelton's articles, and 

when they will come in. Noy to receive 201. for his pains, and 

Bryan 10?., besides bl. for going to the negroes formerly. 1 'p- [Col. 

Entry BL, No. 34, ^j^j. 120, 121.] 

1664? 778. Petition of Robt. Reed, merchant of Bristol, to the King. 

July ? Finding a great scarcity of horses in Barbadoes, which is prejudicial 
to his Majesty's afiairs, and a discouragement to his subjects there, 
prays for license to transport thither 100 geldings. 1 jj. [Col. 
Papers, Vol. XVIIL, No. 87.] 

1664. 779. Licence to Robert Read to transport 100 geldings to 

July 29. Barbadoes from any port of England. ^ p. [Dom. Entrtj Bl:, 
Chas. 11, Vol.XVL,2^- 194.] 

Jidy ? 780. Col. Nicolls to [the Governor and Council of the Massa- 

chusetts]. Sends copy of Commission from the Lords Commissioners 
of Prizes, wherein he is empowered as one of the Sub-Commissioners 
for New England whilst his Majesty shall be in hostility with the 
Dutch. Requests them to give strict orders in reference to the 
seizure of Dutch vessels or goods which shall be brought into any of 
their ports. Printed in Neio York Documents, III., 67. 1 p. 
[Col. Papers, Vol. XVLIL, No. 88.] 

Aug. 3. 781. Remonstrance of the Governor, Council, and Burgesses of 
Virginia to the King. Setting forth the meeting of the Commis- 
sioners for Virginia and Maryland for lessening the planting of 
tobacco in both colonies, according to his Majesty's instructions and 
the agreement that was concluded between them, which the Assembly 
of Maryland have utterly rejected, and beseeching his Majesty to 
take the same into his consideration. Signed by Sir William 
Berkeley, Governor, and Robert Wynne, Speaker. Indorsed, " Reed. 



AMERICA AND \YEST INDIES. 223 



8th August, read in Council lOtli August 16G-i. 1 p. [Col. Papers, 
Vol. XVI 11., No. 89.] 
Aug. 10. 782. Minutes of the Committee for the affairs of Jamaica, on the 
nine ai'ticles of proposals concerning the peopling of Jamaica, 
extracted from Governor Sir Thos. Modyford's letter of 10th May 
last [see ante, iV"o. 739]. 2 papers, one in the hanchvritrng of Sec. 
Bennet. 1^ pp. [Col. Papers, Vol. XVIIL, JSTos. 90-91.] 

Aug. 10. 783. Minutes of a report of the Council appointed a Committee 
for the affairs of Jamaica on the above proposals of Sir Thos. Mody- 
ford. Some of said articles of proposals are not to be yielded to, 
some nothing said thereupon, and denied, and others altered and 
foimd reasonable. See next abstract. 1_2?. [Col. Papers, Vol. XVIIL, 
No. 92.] 

Aug. 10. 784, Rejiort of the Committee of the Privy Council for the 
affans of Jamaica on the above-mentioned nine articles of proposals 
by Governor Sir Thos. Modyford. — Ai-ticle 1. That the King be 
prodigal in giving away the fh'st million of acres, allo\ving 30 acres 
per head to men, women, and children, white or black, agi'eed. 
2. Grants to be limited to 30 acres per head and planted within 
three years, under a penalty of 12c?. per ann. per acre. 3. Freedom 
fi'om custom on goods : denied ; trade to be allowed only with the 
Spaniards in American commoditites. 4. More strict directions to 
be given to Lord Willoughby to encourage it : denied. .5. The great 
men of England to be obliged by his Majesty's example to settle 
plantations there: no remarks. 6. The Royal Company to be 
obliged to furnish negroes : recommended and their answer desired. 
7. That the meaner sort of people and children that lie on the 
parish, as also delinquents, fit subjects of mercy, be transported 
thither : the former cannot be complied Avith, of the latter care is 
already taken. 8. That encom-agement be given to Germans and 
others by making them free denizens only within the island : this 
is reasonable, and in some degree provided for in the Governor's 
instructions. 9. For power to coin money : denied. Upon the two 
propositions for allowing 1,200Z. for transportation of passengers and 
the appointment of a person to defray expenses of same from 
Barbadoes to Jamaica, the King's pleasure is to be known. 2 pp. 
[Col. Papers, Vol. XVIIL, No. 93.] 

Aug. 10. 785. Gov. Sir Thos. Modyford to his brother [Sir James Mody- 
Jamaica. ford]. Thinks this better than to write directly to the General 
[Duke of Albemarle], for now he can offer what he thinks fitting. 
Annexes, 

Considerations touching Jamaica, presented hy Sir Thos. 
Modyford, with his desires thereon. It is calculated that 
5,160?. 10s. will finish the fort at Port Royal, and 1,648?. per 
ann. maintain it, besides a constant supply of ammunition ; 
it would then be one of the strongest places in the world. 
Three hundred negroes would " excuse " much of the charge, 
and an assignment of part of the King's revenue in Barbadoes 



224 COLONIAL PAPERS. 



would in less than three years finish it. With these negroes a 
Royal plantation might then be settled. On consideration of the 
large extent of the island and the wide settlements — from Port 
Morant to Bluefields Bay is at least 170 miles — besides many 
on the north side, the only way to keep them in order and to 
give .speedy justice is to divide the whole island into co\mties, 
hundreds, and tythings, with a sheriff' to be chosen yearl}^, con- 
stables, and tythingmen, to keep monthly covmty courts, also 
courts leet, to secure the allegiance of the inhabitants. Instead 
of a sheriff there is a Provost-Marshal, an officer only fit for an 
army ; a .sheriff is absolutely necessary for the peace and hap- 
jiiness of the island, therefore the King's positive orders are 
desired for one to be appointed. A court of common pleas, 
consisting of three judges, to be held in St. Jago, is most neces- 
sary, and has been in part begun, but positive orders are desired 
to take oft' all envy and repining, especially at Cagway, where 
they were settled to the almost ruin of the colony. On same 
sheet. 
July 21, Jamaica. — Sir Thos. Modyford to his brother. Desires 
him to communicate the above to his brother [Kendall], and both to 
" our Duke " [of Albemarle], and advise seriously what is obtainable. 
Desires him especially to press for the sheriff, absolutely necessary 
for the good of this place, and begs there be no hint of Modyford's 
desire in it, because it will make Col. L;yTich, who has that um-ea- 
sonable patent for Provost-Marshal, resent it, who Modyford would 
not willingly disoblige, for he is a pretty understanding gentleman, 
and very useful here ; he has an estate, and would be very well 
beloved were he sheriff instead of marshal. As to the fort, prose- 
cute it as far as he can. Shall settle the courts as fast as he can, 
and if his Majesty's directions come after it will do well. Is just 
despatching Jack for Barbadoes to fetch his mother. Indorsed 
Rec. from Sir Jo. Rob[inson ?]. 3 pp. [Col. Papcr.'^. Vol XVIII., 
No. 94.] 

Aug. 10. 786. Gov. Sir Thos. Modyford to his brother. Sir James [Mody- 
Jamaica. ford]. Is troubled for Sir Charles (Lyttelton), but truly he was a 
weak man and much lead by mean fellows here, and lately sent out 
so many privateers, which renders Modyford's actions veiy difficult ; 
for he has an account of no less than 1,500 lusty fellows abroad, who 
if made desperate by any act of injustice or ojjpression, may 
miserably infest this place, and much reflect upon Sir Thos. There- 
fore he has hit it right that unless Tortudas be reduced, and a fleet 
of frigates to awe them, they must be " tempored " with. Accord- 
ingly, he privately told the captain who brought in the last Spanish 
prize, that he only stopped the Admiralty proceedings to give a good 
i-elish to the Spaniard ; that he should have satisfaction, but that Sir 
Thos. durst not secm-e him nor his ship ; so got some merchants to 
buy the prize for 400?., and went one-fourth part with them himself, 
with a promise to get nothing if the Spaniards came for her. The 
creditors of this privateer pressed the Capt. so hard that he fled in the 
night, and was put out of command the next day, but he told the 



AMERICA AND WEST INDIES. 225 



1664. 

Marshal he would advise all privateers to come in and give over 
until further power from his Majesty. The fault was wholly in 
Sir Charles to grant, for the commission was good to the poor man, 
and therefore to imprison him or alter his property, had been injus- 
tice and oppression. Hopes this will come soon enough for his own 
vindication. 1\ pp. [Cul. Papers, Vol. XVIII., No. 95.] 

Aug. 12. 787. Sir Edward Harley to Lord Conway. Lord Willoughliy, 
l\y promises and entreaties, engaged the writer's brother Robert to 
go to America with a great part of his estate, but there used him 
most severely, and sent him home sick ; he is still in a deplorable 
condition of health. [Dom., Chas. II., Vol. CI, No. 39, Col., p. 
G65.] 

•A-^ig- h%' 788. " Copies of the several letters which passed between Col. 
to" Nicolls, the present Governor, and the late Dutch Governor Stuy- 

Aug. 29. vesant, before the surrender of New York, under his Majesty's 

gept, 8. obedience, with the articles upon which it was surrendered." 

New York. Annexed, 

" Governor Stuyvesant's first letter sent on board his Majesty's 
ship Guyny (? Guinea), riding at Nayack Point near Long 
Island." Having received various rei^orts concerning the 
arrival of four English men-of-war upon this coast, has sent 
the bearers John de Decker, one of the Council, Rev. John 
Megapolensis, Paul Leenderzen Vandergrift, and Samuel Mega- 
polensis, to intreat of their commander the intention of their 
approach, without first acquainting him with their design, 
which in respect of the Government of the place they ought 
to have done. Fort Anill, New Netherlands, 1GG4, Aug. ^^. 

Col. Richd. Nicolls to Governor Stuyvesant. Has received 
his letter of August ^, and thinks it fit to let him know that 
his Majesty of Great Britain, whose right and title to these 
parts of America is uncpiestionable, well knowing how much 
it derogates fi-om his croAvn and dignity to snfler any foreigners 
to usurp a dominion and inhabit in any of his territories, has 
commanded Nicolls to require a surrender of all forts, towns, 
or places of strength possessed by the Dutch under Stuyve- 
sant's command. And in his Majesty's name Nicolls demands 
the towns situate on the island Manhatans, ^v\i\\ all the 
forts thereto belonging. His Majesty, being tender of tlie 
effusion of Christian blood, confirms and seciu-es estates, life, 
and liberty to every Dutch inhabitant who shall readily submit 
to his Government, but those who shall oppose his Majesty's 
gracious intention must expect all the miseries of a war which 
they bring on themselves. Expects his answer by Col. Geo. 
Cartwright, one of his Majesty's Commissioners in America, 
Capt. Robt. Nedham, Capt. Edward Groves, and Thos. Delavall. 
His Majesty's ship Guinea riding before Nayack, 1()G4, 
, Aug.fl. 

" Governor Stuyvesant's answer to the letter of summons, 
sent to Gravesend upon Long Island." That his Majesty of 

M 60.5. P 



226 COLONIAL PAPERS. 

1604. 

England hath an indisputable right to all the lands in the north 
parts of America, the Kings of France and Spain will disallow 
as he absolutely does, by virtue of a Commission from the 
States General, over New Holland and the isles of Cura9ao, 
Bonair, and Aruba, bearing date July -^, 1646, as also a grant 
to the West India Company in 1621, as authentic as his 
Majesty can give to any colony in America, as appears by a 
Patent shown to Nicolls' deputies, Col. Cartwright, &c. More- 
over it is without dispute that Stuyvesant's predecessors have 
peaceably enjoyed Fort Orange 48 or 50 years, the Manhatans 
41 or 42 years, the South river 40 years, and Freshwater river 
about 36 years. As to his Majesty requiring a surrender of 
the places possessed by the Dutch under Stuyvesant's com- 
mand, is so confident of the equity of his Majesty, that in 
case his Majesty were informed of the truth, that the Dutch 
came not by any violence but by virtue of commission from 
the States General in 1614-1616 up the North river to near Fort 
Orange, and in 1626 by a grant to the Burgomasters of Amster- 
dam of the South river, and that these Provinces have been 
governed and consequently enjoyed, in regard of first discovery, 
uninterrupted possession, and purchase of the natives and other 
private persons (though Gentiles). Makes no doubt that his 
Majesty woidd be too judicious to make such an order, in a 
time when there is so straight a friendship and confederacy 
between their superiors, to trouble the Dutch in demandmg 
fortresses, put into their hands with order dated -^^ July 1646, 
to maintain them for the States General. Stuyvesant is therefore 
obliged to repel and take revenge of all threateniugs, injustice, 
attempts, or any force whatsoever committed against the faith- 
ful subjects of the States General, it being a very considerable 
thing to affi-ont so mighty a State. About three years ago 
some English frigates on the coast of Africa, upon a pretended 
Commission, demanded Cape Verd, the river of Gambia, and 
all other places in Guinea, to the States General belonging, 
which his Majesty disallowing gave order that restitution 
should be made to the East India Company, which makes 
Stuyvesant think that a more express order should appear, as 
■ a sufficient warrant for himself towards the States General. 
To conclude, though his Majesty's Governor and Commissioners 
have divers times quarrelled with him about the bounds of his 
jurisdiction, they have never yet questioned the jm-isdiction 
itself; on the contrary, in 1650 at Hertford, and last year at 
Boston, they treated with us about this subject, a sufiicient 
proof that his Majesty has never been well informed of the 
equity of their cause, so they cannot imagine his Majesty would 
give a Commission to molest and endamage them, or attempt 
any act of hostility or violence against them. But in case 
Nicolls will act by force of arms, protests that he will act 
an unjust violence and a lireach of the 14 Articles of Peace 
between England and the States General. To prevent the 
shedding of blood, in February last we treated with Capt. 



1664. 



AaiERICA AND WEST INDIES. 227 



John Scott, touching the limits of Long Island, and concluded 
for the space of a year, so that in the meantime the business 
might be treated on between the King and the States General, 
and again at present Stuyvesant offers a treaty by his deputies 
Cornelius Van Ruj^v^en, Secretary and Receiver of New Holland, 
Cornelius Steenwick, Samuel Megapolensis, and James Cous- 
seau. Stuyvesant fears not any threats, for we may as well be 
preserved by God with small forces as by a great army. At 



Governor Stuyvesant to Colonel Nicolls at Gravesend. 
The discovery of the news from Holland, which makes us not 
to doubt that the King and States are agreed upon their limits. 
This had given us hope that you would have desisted from 
your design, or at least have given time for an answer from 
our masters. But as by the report of our deputies, you persist 
in yoiu' summons of f-g- August, we are obliged to defend our 
place. However, as no doubt there will be a great deal of 
blood spilt, and greater difSculty may arise hereafter, we have 
thought fit to send John de Decker, Councillor of State, Cor- 
nelius Van Ruyven, Cornelius Steenwick, and James Cousseau, 
to the end of finding some means to prevent the spilling of 
innocent blood, praying that Nicolls will appoint a place and 
hour, and send deputies with full commission to ti'eat of a 
good accommodation. The Manhattans in the Fort of Am- 
sterdam in New Holland, 1664, ^"s- -°. 

Sept. 4 

Col. Nicolls to Governor Stuyvesant. In answer to his of 
l^j^ thinks it agreeable to the King's intentions to receive 
all ways of avoiding the eff'usion of Christian blood, and would 
willingly comply with his proposition to appoint deputies to 
treat, but unless by such meeting he intends to treat upon 
articles of surrender, Nicolls does not see just cause to defer 
the pursuance of his Majesty's commands for reducing his 
towns and forts to his Majesty's obedience. Gravesend, 1664, 
Aug. 25. 

"Governor Stuyvesant's commission imder the seal of the 
town, empowering several persons to treat upon articles of 
surrender." The Governor-General and Council of the New 
Netherlands, to prevent the efliision of Christian blood, and 
moved by the summons of the Hon. Lord Richard NicoUs. 
promising freely to redeliver the fort and city of Amsterdam, 
in case the difierence of limits be agi-eed upon by his Majesty 
and the States General, have " committed " John de Decker, 
Capt. Nicholas Verlett, commissary concerning matters of 
traffic, Samuel Megapolensis, Cornelius Steenwick, Oloffe 
Stevens Van Kortlandt, and James Cousseau, to agree with the 
Lord General Richd. Nicolls or his deputies upon further 
articles, promising to fulfil whatsoever shall be by them ao-reed 
upon. Fort Amsterdam, New Netherlands, 1664, AhEiIs 

Sept. 5' 

p 2 



COLONIAL PAPERS. 



1664. 



" Colonel Nicolls, his answer consenting to the Treaty of 
Surrender, and nominating his Commissioners." Col. Nicolls, 
Commander-in-Chief of his Majesty's forces now beleaguermg 
the town on the Manhatans, accepts the proposals of the 
Governor and Council there residing, to treat of articles of 
sun-ender of said town and forts ; and whereas they have been 
pleased to appoint John de Decker, &c. to agree upon further 
articles, Nicolls on his part appoints Sir Robert Carr, Kt., Col. 
George Cartwright, John Winthrop, Governor of his Majesty's 
Colony of Conecticut, Saml. Willis, one of the Council of said 
colony, Capt. Thos. Clarke, and Capt. John Pinchon, Com- 
missioner from the General Court of Massachusetts, to be his 
deputies to treat and conclude upon articles of suiTender, pro- 
mising to fulfil whatsoever they shall conclude upon. At the 
camp before the Manhatans, 1664, Aug. 26. 

Mem. — That it is agreed upon by the Commissioners on 
both parts above-named that they meet to-morrow, 27th Aug. 
(old style), at 8 o'clock in the morning, at a place called 
the Governor's Bowiy on the Manhatans. On said 27th day 
the Commissioners met at the place appointed and agreed upon 
the following Articles of Surrender, which were consented to 
by the persons thereunder subscribed, and dated 1664, Aug. 27 
[see Cal.in full, JS'o. 7 94^.] 

Certificate of Governor Stuyve.sant's consent to the above 
Ai-ticles of the g - ^^''^"^' agi'eed upon by the Commissioners ap- 
pointed by him and Col. Richard Nicolls, under his hand and 
the public seal of the town. Signed P. Stuj^'esant, and cer- 
tified by Cornelius Van Ruyven, Secretary. Fort Amsterdam, 
New Netherlands, 1664, ^^l " Upon the same day the town 
and fort were delivered accordingly." Tor/ether 26 j^p. [Col. 
Papers, Vol. XVI 1 1., Xo. 96.] " 

Aug. 19-22. 789. Minutes of the Council of Jamaica. On reading the King's 
St. Jago- letter of June 1.5 last commanding restitution of captured .ships and 
e- a- ega. g^^^g ^^ i^^ie Spaniards ; ordered that the ship and bark brought in 
by Capt. Searles of the Port Royal be seized and restored to that 
nation, and also all specie that can be found ; that notice thereof be 
sent to the Governor of Havannah ; that jiersons making any further 
attempts of violence and depredation upon the Spaniards be looked 
upon as pirates and rebels ; and that Capt. Searles' commission be 
taken fi-om him, and his rudder and sails taken ashore for security. 
Col. Theodore Cary, judge admiral, John Man, sergt. -major at the 
Point and Capt. Peter Pugh, to see these orders duly executed. 

Aug. 22. — Ordered that the judge forbear to grant execution upon 
the verdict of the juiy at the last Court of Common Pleas, against 
Capt. Thos. Morgan, for a negro taken at Campeachy, whilst Capt. 
Christopher Mings was disabled by a dangerous wound, imtil further 
notice, as matters of this nature "do not come under the cognizance 
of a civil court. 3 pp. [Col. Entry Bk., Xo. 34, pp. 121-123.] 



AMERICA AND WEST INDIES. 229 

16C4. 
Aug. 24. 790. Minutes of the Council for Foreign Plantations. Petition of 
Inner Court of merchants, planters, and masters of ships trading to the Plantations 

^ ards. ^^ ^j^g King, wath his Majesty's reference, the report of Sir Heneage 
Finch [see ante, No. 769], and a signed bill preparatory to a grant of 
said office to Col. Koger Wliitlej^ under the Great Seal [see No. 802] 
being read and debated ujDon, according to the King's directions ; 
ordered, being a matter of great moment and the day far spent, that 
the further consideration be deferred for a week, i ^x [Col. Fajwrs, 
Vol. XIV., iVo. 59, 2). 57.] 

1664 ? 791. Report of Committee of Council for Foreign Plantations, 

entitled, " Certain propositions for the better accommodating the 
foreign Plantations with servants," in 20 articles. The servants are 
classed under two heads, blacks and whites. The blacks bought by 
way of trade, and sold about 201. a head, the most useful appurten- 
ances of a plantation and perpetual servants. The whites divers 
ways gathered up in England, few from Ireland or Scotland, trans- 
ported at the rate of about Gl. per head, are entertained by those to 
whom they are consigned or are exchanged for commodities at 
different rates according to their condition or trade ; after certain 
years these are free to plant for themselves or take wages for their 
service, and have to the value of lOl. to begin planting for themselves. 
Ways of obtaining these servants from felons condemned to death, 
sturdy beggars, gipsies, and other incorrigible rogues, poor and idle 
debauched persons. Recommend as a remedy to the evils complained 
of in the petition above refen-ed to, that an Act of Parliament should 
pass with such powers and provisions as may be proper to the thing- 
intended and necessary to the Plantations. And that the secretaries 
of the respective colonies transmit the names of said servants every 
six months, and the places and persons to whom they are dispersed. 
9 2>P- [Col. Entry Bk, No. XCII., pp. 275-283.] 

1664. 792. Gov. Lord Willoughby to Sec. Lord Arlington. Has received 

Aug. 25. his letter of March 1, 1664, in answer to the Governor's of 30th 
Barbadoes. November 1663, stating that the King would have Walrond's 
house and land reserved for the Governor as his Majesty's house, if 
they became legally forfeited. The land was first seized with the 
stock upon it for the King as alien land, but this was avoided by a 
dormant conveyance which Walrond had fraudulently made to one 
of his sons. His Majesty has been entitled to it by jury of inquest 
of office, but it is not convenient to put it upon any fuither trial 
with the son, as the juries always give their verdict for the planter 
against the King, without regard to right or wrong. The friends of 
Walrond are offering to compound for him, which it might be well 
to listen to, as it will be very difficult to recover anything in a legal 
way in Barbadoes. It is a new thing to the people to have the 
King's authority among them, for in the Earl of Carlisle's time it 
was Governor and people that did aU, but little of my Lord of Car- 
lisle's name, being very rarely and seldom used amongst them. The 
Leeward Islands are very small and poor, and can raise but little 
for the King's revenue, pai-ticularly as they are too hard pinclied by 
the Acts of Trade and Navigation ; their ports are almost empty, 



230 COLONIAL PAPERS. 

1GG4. 

whereas the French, who allow free trade, have theirs crowded with 
shipping, which used to be quite otherwise before the passing of these 
Acts. The French islands were formerly settled by private persons, 
but now their King has taken the propei'ty of them into himself, 
and has sent out 1,500 men in six ships, three of which are men- 
of-war, and have been left to protect French interests in the West 
Indies. Requests the secretary to put the King in mind of his 
promLse to send a man-of-war to support him, which is now more 
necessary both on account of the French jDroceedings, and because 
he has settled 1,000 men in Sta. Lucia, which borders close on the 
French, and intends taking some more there soon. Indorsed, " Rec. 
29 Oct. Extract to be made of this for the Council, or offered to 
the Committee of Plantations." 4 jj^j. [Col. Papers, Vol. XVIII., 
No. 97.] 

Aug. 2-5 ? 793. List of arms and ammunition desired by Lord WUloughby 
for his Majesty's service in Barbadoes and the Caribbee Islands. 
20 pieces of cannon for the forts, six light brass Drakes, six brass 
bosses, 60 barrels of powder, 3,000 muskets, a good proportion of 
bullets and flints for muskets and pistols, ckums and colours, with 
all things belonging to the King's regiment. Indorsed, "Rec. 29 
Oct. 1664." 1 2). [Col. Papers, Vol. XVIII, Xo. 98.] 

Aug. 27. 794. Aj-ticles consented to by the persons hereunder subscribed, 
The Governor's at the Governor's Bowiy, August 27th, 1664. 1. The States General 
°'^^'' or West India Company shall freely enjoy all farms and houses 
(except those in the forts), and within six months have liberty to 
transport all their arms and ammunition or else be paid for them. 
2. All public houses shall continue for the uses which now they are 
for. 3. All people .shall continue free denizens, and enjoy their 
lands, houses, goods, &c. 4. If any inliabitant have a mind to remove, 
he shall have a year and .six weeks to do so and to dispose of his 
lands. 5. If any ofiicer of state have a mind to go for England he 
shall be transported freight free in his Majesty's frigates. 6. Dutch 
people and vessels may freely come and return. 7. AH Dutch ships 
and goods shall be received after the manner they formerly were 
for six months next ensuing. 8. The Dutch here shall enjoy 
liberty of conscience 9. No Dutchman or ship shall be pressed to 
serve in any war. 10. The townsmen of the Manhatans shall not 
have any soldiers quartered upon them without being paid by their 
oflicers. 11. The Dutch shall enjoy their own customs concerning 
inheritances. 12. All public records shall be carefully kept by those 
in whose hands they now are ; such as particularly concern the States 
General may be sent to them. 13. No judgment that has passed 
shall be called in question. 14. If any Dutch here shall desire to 
travel or trafiic he shall have a certificate that he is a free denizen 
of this place, and have liberty to do so. 15. If there is a public en- 
gagement of debt by the towTi of the Manhatoes, and a way agreed 
on for satisfying it, the same way shall go on. 16. All inferior 
oificers and magistrates shall continue till the customary time of new 
election, and then new ones be chosen, who shall take the oath of 
allegiance to his Majesty of England. 17. All difl'erences of contracts 



AMERICA AND WEST INDIES. 231 



16C4. 



made before this day shall be determined according to the manner of 
the Dutch. 18. If it appear that the West India Company of 
Amsterdam owe any money to persons here, the duties payable by 
sliips going for the Netherlands shall be continued six months longer. 
19. The officers and soldiers shall march out mth then- arms, di-ums 
beating, colours flj'ing, and lighted matches ; if any will plant they 
shall have 50 acres, &c. 20. If at any time the King of Great 
Britain and the States agree that this place be redelivered to the 
States, it shall immediately be done. 21. The town of Manhatans 
shall choose deputies, who shall have free voices in all public affairs. 

22. Those who have any propriety in the fort of Aurania shall (if 
they please) slight the fortifications there, and enjoy all theii- houses. 

23. If any soldiers will go into Holland, they shall have safe pass- 
ports .from Col. NicoUs, Deputy Governor under his Royal Highness 
to defend the ships that transport them from any acts of hostility 
from his Majesty's subjects. Copies of the King's grant to his Royal 
Highness, and his Royal Highness' commission to Col. Richard 
NicoUs, shall be delivered to Mr. Stuyvesant on Monday next by 
8 o'clock in the morning, and these articles signed by Col. Richard 
Nicolls, and within two hours after the fort and town called New 
Amsterdam, on the Isle of Manhatans, shall be delivered into the 
hands of Col. Nicolls. Signed, John de Decker, Nicholas Verlett, Sam. 
Megapolensis, Cornelius Steenwick, Oloffe Stevensen Van Cortlandt, 
and James Cousseau, also by Robert Carr, George Cartwi-ight, John 
Winthrop, Samuel Willys, Thomas Clarke, and John Pincheon. " I 
do consent to these articles, Richard Nicolls." Printed in New York 
Documents, II., 250-2.53. 2.\px>. \Col. Papers, Vol. XVIII., No. 99.] 

Aug. 27. 795, Another copy of the preceding articles, headed "A true 
co]iy," concluded 27th day of September {clea/iiy a mistake for 
August), i-atified and by their subscription confirmed 29th day of said 
month and year, August 1664. Indorsed, " Ordered in Council, 7 Oct. 
1667." 5 p2}. [Col. Papers, Vol. XVIII., No. 100.] 

Sept. 1. 796. Minute of a meeting of the Commissioners of the United 
Hartford. Colonies of New England, held at Hartford. Commend to the 
General Courts of the United Colonies respectively, that upon ad- 
vice fi-om the Commissioners to consult thek proposals according to 
theii' instructions from his Majesty, they give timely notice to their 
confederates, to the end if they see meet, they may send their 
Commissioners invested with fidl power to advise and act in any 
case of common government to the whole, that so they may apjjrove 
themselves faithful and loyal to his Majesty. Extracted out of the 
Acts of the Comviissioners by John Allyn, Secretary of Connecticut. 
1 p. [Col. Papers, Vol. XVIIL, No. 101.] 

Sept. 6. 797. The titles of nine Acts made at a session of Assembly begun 
Maiylaud. Sept. 15th, 1663, and continued by adjournment till Sept. 6th, 1664, 
by the Honourable Charles Calvert, Esq., viz. :— (1) for the preser- 
vation of the several harbours within this Province ; (2) for ferries ; 
(3) for providing a magazine ; (4) an additional Act to an Act con- 
cerning the payment of fees due from criminal persons; (5) for 



232 



COLONIAL PAPERS. 



reviving certain laws within this Province ; (6) concerning negroes 
and other slaves ; (7) of encouragement for Wm. Smith in his under- 
taking the country s work at St. Mary's ; (8) for preservation of 
certain articles made with the Susquehannaugh Indians ; (9) for the 
burgesses' expenses and other public debts. Together 5| ])p- {Col. 
Entry Bl:, No. LIII, pp. 03-98.] 

Sept. 7. 798. Order in Council on report annexed from the Council for 

Whitehall. Foreign Plantations, recommending the erection of an office petitioned 
for {see ante, A'o. 769) for registering of all persons going volun- 
tarily to the Plantations, as being useful and prejudicial to none, 
because the registering is left voluntary, directing that a commission 
be prepared appointing Eoger Whitley to be master of the said office. 
Annexed, 

Commission addressed to the Duke of York as Lord High 
Admiral and Warden of the Cinque Ports, and to the other 
officers of the ports, for the erecting of an " office for taking 
and registering the consents, agreements, and covenants of such 
persons, male and female, as shall voluntarily go or be sent 
as servants to any of the Plantations in America ;" certificates 
of consent are to be delivered under the seal of the office to 
the merchants ^vith whom the covenant is made, and Eoger 
"Whitley is appointed master of said office, vnth. the fee of 40s. 
a year and such allowances as the planters agree to give him. 
3 2}p- [Dom., Chas. II., Vol. GIL, No. 27, Cal, jx 4.] 

Sept. 7. 799. Benedict Arnold and William Brenton to the Commis- 
Newport. sioners for New England. The deejD sense fixed upon the heart of 
the wliole colony of the King's gi'ace and favour to this Plantation 
in making them a body politic and corporate endowed with many 
eminent privileges, and naming it the Colony of Rhode Island and 
Providence Plantations, which colony as one man, by their approved 
faithful gentleman John Clark, their late agent for procuring the 
charter, congi-atulate the Commissioners upon their safe and hajjpy 
arrival, and present their humble thanks to his Majesty, and beg 
them to give credit to Clark's further expressions of their thank- 
fulness ; their worthy friends Capt. John Cranston and William 
Dyre will accompany John Clark. They hope the Con\missioners 
have sent those lines sent by Cajit. George Baxter ; they did not 
then know where the Commissioners had gone to, some said to 
Oyster Bav, others to Manhadoes. 1 y?. [Col. Papers, Vol. XVIII., 
No. 102.] " 

1G64 ? 800. The King to (Francis) Lord Willoughby (Governor of 

Sept. ? Barbadoes). Refers to his Majesty's previous letter of 9th May 
1602 on behalf of Sir William Davidson [see ante, No. 296]. Has 
also seen his Lordship's letter of May 15, 1662, to the President 
and Council in pursuance of said recommendation, and is the more 
surprised to hear fresh complaints from Sir William Davidson not 
only that he reaps no benefit by said letters, but that he is met 
with more obstruction by an action commenced on his Lordship's 
account. His Majesty therefore desires that these delays and hin- 



AMERICA AND WEST INDIES. 233 



drances may be repaired with justice and expedition. 1 p. [^Dom. 
Entry BL, Chas. II., Vol. XIV., p. 34 d.] 

Sept. 14. 801. Lord Willougliby to Monsieur Tracey [Governor of the 
Santa Lucia. French West Indies]. Will be glad to further his desires for a strict 
alliance between the two nations in those parts. In settling Sta. 
Lucia, Lord Willoughby gave particular directions to treat with all 
respect and civil usage any French that might be on the island, who 
were thought to be but few, dwelling there for better convenience 
of fishing and hunting wild hogs, and not intending any planting or 
settlement. The island belongs by ancient title and occupation to 
the English, though it has only lately been taken under the imme- 
diate protection of the King. Wishes he could have treated with 
M. Tracey upon any doubts he may have on the matter, but since 
the latter's hands are tied until he receive orders from home, px-omises 
to do nothing contrary to the assurance he has given of his desire 
to maintain all amity between the two nations under their respective 
Governments. U pp. {Col. Papers, Vol. XVII I. , No. 103.] 

Sept. 14. 802. Privy Seal for Lord Chancellor Clarendon to prepare Letters 
Westminster. Patent under the Great Seal to the following eflect : — Whereas 
divers merchants, plantei-s, and masters of ships trading to Planta- 
tions in America have by petition informed his Majesty that many 
evil-minded people after they have listed themselves to serve in said 
Plantations and received money for diet, at Gravesend or other ports, 
pretend they were canied awaj' without their consents, to the 
scandal, vexation, loss, and discouragement of said planters, &c. ; 
and have besought his Majesty to appomt some person in the city 
of London, before whom such persons as desire to go as servants 
may declare that they go voluntarily, which will not only be a real 
means to prevent the betraying and spiriting away of people, but 
also a testimony of the fair dealing of the merchants, &c. ; his 
Majesty by these presents creates an office for registering the con- 
sents, agreements, and covenants of persons wishing to go or be sent 
to said Plantations, and there shall be an officer appointed by his 
Majesty, to be called the master of the said registry, who shall have 
a convenient place in the city of London, and also (if occasion shall 
require) in any other port of England and Wales, to take cognizance 
of such persons, draw up the covenants betwixt them and the respec- 
tive merchants and planters, and register them in books for that 
purpose to be yearly kept, together with a declaration of their volun- 
tary consent attested by their names, and he shall make certificates 
of such consents and covenants and deliver them to the merchant, 
planter, or master ; and there shall be annexed to said office a 
common seal for seaUng said certificates. And by these presents 
his Majesty grants to Roger Whitley, Esq. the aforesaid office, with 
a yearly annuity or fee of 40»\, together with such allowance as 
the merchants and others (Avho shall use said office) shall agree to 
give, till some other allowance be settled by Act of Parliament. 
Provided that this grant shall not extend to the registering of factors 
apprentices or menial servants, but only of such servants, male or 
female, as are entertained to serve in said Plantations for a certain 



234 COLONIAL PAPERS. 

1664-. 

number of years, according to their indentures and the custom of 
the Plantation whither they shall be sent ; and that said merchants, 
planters, and others shall not be compelled to bring such servants as 
aforesaid to have their consents and covenants registered, but may, 
if they think fit, transport them without cognizance of said office. 
[Privy Seals, 16 Chas. II., Part I, No. E. 8.] 

Sept. 14. 803. Memorandum of warrant for a Privy Seal for .57,000/. to be 
■Whitehall, paid to Sir George Carteret, toward defraying the charge of setting 
forth for eight months service into Guinea, eight of his Majesty's 
ships manned with 1,285 men and four merchants ships manned 
with 570 men, according to estimate of the Duke of York of 8th 
September last. ^p. [Dom. Entry Bh, Chas. II., Vol. XVI., p. 233.] 

Sept. 20. 804. Governor Lord WiUoughby to the Bang. Complaints by 
Barbadoes. the Council and Assembly of the Leeward Islands, of the heavy and 
insupportable pressures they groan under by the restraint laid upon 
them in their trade by the two Acts of Parliament, for the increase 
of Shi}iping and Navigation, and for the increase of Trade. True 
tliciv is a distinction to be made in his Majesty's islands, some of 
tliiiii \>i-\wx I'etter able to bear these Acts, as Barbadoes and Nevis, 
but tli(-\- lixcii twice as happily in the former times of freedom, before 
these Acts were made, for he has lately seen 40 ships forced to lie 
still many months for want of lading, and as these two islands pay 
the 4| per cent., which none of the others pay, they hope it will be 
a prevailing argimaent in their favour. Incloses, [see also No. 731.] 

804. I. Petition of the inhabitants of Antigua to Governor Lord 
WiUoughby. That he will represent to the King the 
hard pressure and disadvantages which they suffer, and 
their humble request for a grant of free trade. Also, The 
reasons, motives, or inducements, whereby to move the 
King to grant them fi-ee trade ; it is complained that the 
island being debarred from free trade may prove of ill 
consequence ; the English in it were still decreasing, while 
the French enjoy that privilege and have increased and 
grown to " numerousness and riches." Signed by Robt. 
Garden, Charles Ghest, Daniel Fitch, Samuel Winthrop, 
Phillil^ Warner, Henry Ashton, Robt. PojTite, Richard 
Borastone, Jere. Wretkins, John De Lannoy, Gyles Blizard, 
Obadiah Bradshaw, John Campbell, Walrick Richard, 
Richard Ayi'es, Mark Brewster, and Joseph Lee, Secretary. 

804. II. Petition of the Council and Assembly of Montserrat to 
Governor Lord WiUoughby. Set forth the advantages 
of free trade and how the French plantations have increased 
in strength and wealth through the enjoyment of it, 
whereas thej' are much impoverished and weakened, 
caused by the want of supplies and people deserting their 
settlements. Pray that he will so addi'ess the King that 
they may be restored to their pristine happiness. Signed 
by Arthur Hodges, Oliver Handley, Wm. Bagnall, George 
Wyke, Christopher Hart, Wm. Irish, Wm. Bentley, James 



AMERICA AND WEST INDIES. 235 



1664. 

Haszine, Reg. Osborne, Nath. Reade, Samuel Rollstone, 
Anthony Bryskett, and Ric. Angu.s, Secretary. 
804. III. Petition of the Council and Representatives of St. Kitts 
to Governor Lord WiUoiighby. That the French in the 
island daily increase in strength, power, towns, viUages, 
and estate by reason of the freedom of trade they enjoy ; 
whereas they will be constrained to desert this colony, 
which hath been the fh'st settled by our nation in these 
parts, through the want of trade. Pray that he will repre- 
sent their distressed condition to the King, and intercede 
that they may enjoy a free trade with all nations in amity 
with his Majesty. Signed by Chas. Regines, John Cooke, 
Sam. Payne, Will. Watt, Jo. Watling, Clement Everard, 
John Bedingfield, The. Loverawne, Henry Creeke, Wm. 
Vai-ies, Wm. Freeman, and Nic. Taylor of the Council. 
Thos. Hancock, Roger Ebriiigion, Will. Rogers, John Law, 
Rich. Roberts, Anth. Horner, Hen. Bing, John Estridge, 
Tho. Johnson, Geo. Taylor, Wm. Fry, Adam Jessepp, and 
Richard Paul of the Assembly. Together 5 2W- [t'o?. 
Pcqoers, Vol. XVIIL, Nos. 104,'l04 i.,'ii., in.] 
Sept. 20. 805. Nine Acts passed at a Grand Assembly, held at James City, 
Virginia. Virginia, by prorogation from 10th September 1663, to 20th 

September 1664, but the titles only of two Acts are given, against 

which is written in the margin, Obsolete, Needless. Printed in Col. 

Entry Bks., Nos. 89, 90, 91, see ante, Ko. 562. [Col Entry Bl:, 

No. 88, pp. .37-59.] 

Sept. 24. 806. Articles agreed upon in Fort Albany, between Ohgehando 
and other Indians, who are named, on the one part, and Col. George 
Cartwright in behalf of Col. Nicolls, Governor under the Duke of 
York, on the other part. Also, Fui'ther articles proposed by the 
same Indian Princes and consented to by Col. Cartwa-ight in behalf 
of Col. Nicolls, 25th September 1664. Indorsed, "Peace with the 
Mohawks." Printed in New York Documents, III., 67-68. 3 jrij. 
[Col. Papers, Vol. XVIIL, No. 105.] 

Sept. 28. 807. The King to the Farmers of Customs. Whereas his Majesty 
has thought fit, for the advancement of Jamaica, that commodities 
thereof be not burdened here with any import or custom during the 
term of five years from the 18th February last ; his Majesty's 
pleasure is that all ships from Jamaica bringing a certificate from 
the Governor that the goods are of the gTowth of that island, be 
suffered to unlade in any ports of the kingdom, free of impost or 
custom for the said space of five years, i p. \Dora. Entry Bl- 
Chas. II., Vol. XVI., p. 251.] 

Oct. 1. 808. Ai-ticles of agreement between Sir Robt. Carr on behalf of 

his Majesty and the Bm-gomasters on behalf of all the Dutch and 
Swedes inhabiting on Delaware Ba}^ and river. 1. All the burohers 
and planters will submit to his Majesty : — 2. And shall be protected 
in their estates. 3. The present magistrates shall be continued. 
4. Any man may depart with his goods within sis months. 5. All 



New York. 



236 COLONIAL PAPERS. 

1GG4. 

shall take the oath of allegiance to his Majesty and fidelity to the 
present Governor. G. And shall enjoy liberty of conscience. 7. And 
be free denizens and enjoy all the privileges of trade as freely 
as Englishmen. 8. The scoute, burgomaster, sheriff', and other 
inferior magistrates shall exercise their customary powers for six 
months, or till his Majesty's pleasure be further known. Then 
follows the oath of allegiance to his Majesty, and of obedience to his 
Governor and officers. Signed, Robert Carr, Fob Out Gout, Henry 
Johnson, Gerret Saunders Van Tiel, Hans Block, Lucas Peterson, and 
Henry Cousturier. Indorsed, Ai'ticles of Agreement upon the Dutch 
surrender of Delaware Bay and river to Sir Robert Cair for the 
King. Printed in Ne%v York, Documents, III., 71. 2 pp. [Col. 
Papers, Vol. XVII I, No. 106.] 

October. 809. Col. Nicolls to [Sec, Lord Arlington]. Since [his last by 
Fort .Tames, Captains Hill and Groves, there is arrived Capt. Hyde, to whose 
more ample relation of the reducing Delaware Bay he must refer 
himself His instructions to Sir Robert Carr took the effect designed, 
for by [above] distinct treaty with the Swedes and Dutch planters, 
the Governor was disarmed of their assistance and left to defend his 
inconsiderable fort with less than 50 men. The foot company 
under Lieut. Carr and Ensign Stocke stormed it without the loss of 
a man, but of the Dutch 13 were wounded and three are since dead. 
Within the fort a considerable cargo was found, and some part plun- 
dered, but fears the rest is in hucksters' hands, for though Sir 
Robert Carr stayed aboard the Guinea whilst his soldiers took the 
fort, he came early enough to the pillage, and says it is his own, 
being won by the sword, but Nicolls will dispose thereof to his 
Majesty's service. Cannot but look upon it as a great presumption 
in Sir Robert Carr, to assume the power not only of appropriating 
the prize, but of disposing of houses, farms, &c., and not converting 
them to the maintenance of the soldiers, whose necessities are so 
great that many are run from him into Maryland. The better to 
explain the authority Sir Robert doth usurp, has enclosed the com- 
mission given him, and a giunt he has made to Capt. Hyde. Com- 
mends to his consideration how few hands they have to justify what 
they have gained to his Majesty's obedience, and no maintenance 
for officer or soldier, but such as he takes upon credit, or pays out 
of his own monies. In the success in Delaware Bay, Capt. Hyde 
had a considerable share, and is best able to make the narrative. 
Cannot but repeat the importance of employing merchant ships with 
a great proportion of merchandize suitable to the trade of New York 
and Delaware Bay, otherwise his Majesty's expenses will not turn 
to account ; for the Dutch have lost their trade ; by which also 
many of his Majesty's subjects in Virginia, Maryland, and New 
England were furnished with necessaries, and will not know how 
to live imless speedy care be taken from England. Some consider- 
able merchants should join stock and dispatch ships to arrive in 
March or April, for the loss of Delaware falls upon Amsterdam who 
bought tlie plantation from tlie West India Comi^any, which being 
proud and i)Owerful, may join with said Company next spring to 



AMERICA AND WEST INDIES. 237 

1664. 

recover what they have lost this autumn, which is the whole trade 
of tobacco ; and their neighbours of Mar^yland are much bribed by 
their trade with the Dutch. Takes it for granted that Lord Balti- 
more will much more solicit his Majesty to give up Delaware into 
his hands, than he was solicitous to take it from the Dutch, but 
hopes that at least so much of his patent may be forfeited, for 
trading with the Dutch, as has been reduced at his Majesty's charge. 
Submits that in case the Dutch attempt to recover New York or 
Delaware, his Majesty will enjoin all his colonies, none excepted, to 
resist and expel them. The very repute of such a command will 
deter them. By advice of Colonels Cartwright and Maverick he 
will depute Capt. Robt. Needham to command at Delaware Bay, till 
his Majesty's pleasure is iurther known. Indorsed, "Received 
Jan. 28 ; answered Jan. 28, and referred to a further consideration." 
Printed hi New York Documents, III., 68-70. Incloses, 

809. I. Sir Robert Carr's Commission to reduce the Dutch. 
■WTiereas the Dutch have seated themselves at Delaware 
Bay on his Majesty of Great Britain's territory without 
his Majesty's consent, and have fortified themselves and 
drawn a great trade thither, his Majesty's Comniissioncrs 
by virtue of their instructions have determined to Ijring 
that place in obedience to his Majesty, and by these, order 
the frigates Guinea, William and Nicholas, and all the 
soldiers not in the fort, to go thither under command of 
Sir Robt. Carr to reduce the same. Indorsed, " Received 
Jani^y 28." Printed in New York Documents, III., 70. 

809. II. Sir Robert Carr's grant to Captains Hugh Hyde and 
Thomas Morley, their heirs and assigns, of all that tract 
of land known by the Indian name of Chipussen, and now 
called the manor of Grimstead, near the head of the river 
Delaware, with all the rights and privileges that to a lord 
of a manor may properly belong ; they covenanting to 
plant or stock the same within six years, provided always 
that his Majesty's assent be procui-ed. Sealed and de- 
livered by Sir Robert Carr in the presence of John Carr, 
Geo. Colt, and Arthur Stock. 10th Oct., 14th (mistake 
for 16th) Charles II. Indorsed, " Received Jan'^y 28." 
Printed in New York, Documents, III., 72, 73. Together 
7 [>p. [Col. Papers, Vol. XVIII., No. 107 107, i., ii.] 

Oct. 1. 810. A view of the condition of Jamaica, attested by Governor Sir 

Jamaica. Thos. Modyford. There are but seven established parishes, viz., St. 
Katherine, St. John, Port Royal, Clarendon, St. David, St. Andi-ew, 
and St. Thomas, in the whole island, and but one church at St. 
Katherine's, being a fafr Spanish church ruined l>y the old soldiers, 
but lately in some measure repaired by Sir Chas. Lyttelton ; but 
they are now levying contributions to raise churches in some of 
the richest parishes. Beyond the bounds of these parishes are 
many hundreds of people who have sent four representatives to 
the Assembly. In these parishes are but five ministers, Mr. Webb, 



238 COLONIAL PAPERS. 

16G4. 

Mr. Johns, an old army preacher not yet in orders, Mr. Maxfield, 
and Mr. Houser and Mr. Sellers, two Germans. Mr. Nicholas, who 
came on the Westergate, was settled at Port Morant but died of the 
disease by which many perished. Five good regiments have been 
raised, and two more are forming. The old soldiers for the most part 
are turned hunters, and it is supposed kill not less than 1,000 cwt. of 
hog per month, which they .sell at from 1.5s. to 25s. per cwt. There 
is scarce any place near the sea but is settled, and many have gone 
into the mountains, which are most healthful and fruitful. Account 
of the chief courts of common law and Chancer}- which are settled 
at St. Jago, where also the justices of the peace hold their- sessions 
quarterly. The Admiralty court is held at Port Royal. Sugar, 
ginger, indigo, cotton, tobacco, dyeing woods, and cocoa may be 
and are produced as well as anywhere, but pimenta, China roots, 
aloes, rhubarb, sarsaparilla, tamarinds, cassia, vaignillios, hides, and 
tallow, are the proper commodities. There is the best building 
timber and stone in the whole world, and great plenty of corn, 
cassada, potatoes, yams, plantains, bananas, peas, hogs, fowls, cattle, 
horses, asincoes, sheep, fish, and turtle, and pasturage. In fine 
nothing wanting but more hands and cows. The low valley gi-ounds 
are feverish and aguish from June to Christmas, the rainy weather : 
but the uplands and hills are as healthful as Cotsall in England. 
2| pp. Two copies. [Col Papers, Vol. XVIII., Kos. 108, 109.J 

1G04 ? 811. Extract of a letter from Jamaica. All people here are 

well satisfied and have an extraordinary plenty of provisions and 
imported goods. This last month or two there has been an uncom- 
mon mortality, which has carried away three or four" considerable 
persons ; and not one planter has come from the Caribbees. Cannot 
tell whether the coming of theii-s, or the departure of our Lord 
Governor obstructs or discom-ages them, but Jamaica must i-ise by 
the King's peculiar favour and its own real advantages. Privateers 
are still out, and the Governor's order for cessation will rather keep 
them so than bring them in, nor is it well understood whether his 
Majosty'.s order applies to commanding under Lord Windsor's com- 
missions, or prohiljiting only wild excursions by the inhabitants, 
for since then a letter from Mr. Sec. [Wm.] Coventry enjoins the 
Governor to take cai'e of his Royal Highness' dues from the men- 
of-war. The fortune of trade here none can guess, but all think 
that the Spaniards so abhor us, that all the commands of Spain and 
necessity of the Indies will hardly bring them to an English port ; 
if anything eifect it, negi-oes are the likeliest. 1 p. [Col. Papers, 
Vol. XVIII., Xo. 110.] 

Oct. ? 812. An account of the state of Jamaica [by Sir Charles 

Lyttelton], He lelt the Government in the Council, who chose 
Colonel LjTich President, whom he also appointed commander of 
the forces and judge of the coiu-ts. The situation of the island. 
Being in the heart of the Spanish dominions, it is best fitted for the 
seat of trade and also for war, for between the east end and His- 
paniola is the passage of about 20 leagues for all the Spaniards 
that trade fi-om Sta. Domingo, Porto Rico, and the Caracas to the 



AMERICA AND WEST INDIES. 239 



Havarmali, Cuba, and Nova Hispania, and between Cuba and Cape 
Catoche, but 50 leagues distant, where our men of war ply, is the 
passage for the galleons of the Plate fleet from Peru to the Havan- 
nah, where is also the rendezvous for the King of Spain's fleet 
before they pa,ss the Gulf of Florida to return to Europe. The con- 
venience of harbours. To the east Port Morant, and 14 leagues to 
leeward, Port Royal, worthily so named from the goodness and 
largeness of the harbour, where the best ships of England may 
securely lie. All the merchants live here, and this port is the only 
fort (of any strength) in the island not above one-third finished, 
which for 2,000?. could be finished, so as to secure the harbour, 
but would need a ganison of soldiers, as the trained bands could not 
be so much relied on, and the inland settlements are at so gi-eat a 
distance. To leeward also are the old harbour, Maccary Bay, and 
Blewfields Bay. On the north side is Port Antonio or Carlisle, 
where the Earl of Carlisle has begun a very hopeful plantation, and 
Eio Novo, where the Spaniards last landed with 300 men and 
fortified, and whence they were bravely beaten out, and almost all 
killed or taken by Col. D'Oyley, then Governor ; and on this side 
are Montegna Bay and other good harbours. The strength and 
number of the inhabitants and theii- settlements. The regiment of 
Port Morant, Moiant and Yellows, commanded by Col. Lynch, is 
the richest settlement ; that of Lygonee, the fittest, strongest, and 
most numerous, by Col. Barry ; Captain John Man commands the 
four companies of Port Royal, part of Lord Windsor's regiment ; 
Major Fuller the regiment of Spanish Town, or St. Jago, and the 
Angels and places adjacent, of which Sir Chas. Lyttelton was 
colonel ; and Lt.-Col. Cope and Major Joy, the Lord Chancellor's 
agent, that of Guinaboa. These regiments number 2,500, besides 400 
or 500 more hunters and unsettled people, and women and children. 
There -will be found about 150 horse, well mounted and equipped, 
but the foot ill ai-med with miiskets and pikes, are of small use 
in that place. Like all new settlements this is daily changing, and 
those who knew it two years ago may be strangers to the state of 
aflairs now, provisions and all sorts of commodities having infinitely 
increased. The design of a free trade cannot be efiected but by 
order from Spain, nor the privateers called in but by frigates fi-om 
England, the English being gro^vn so hateful to the Spaniards in 
those parts. There are now 14 or 15 sail in them, 1,500 or 2,000 
seamen of all nations, and few wiU take order but fi'om stronger 
men-of-war, and as this has always been their trade and livelihood, 
if they are forbidden these ports they will go to others, and find 
themselves welcome enough. The Government is plain and agree- 
able, and so are the laws and their execution, all suits being deter- 
mined in six weeks, with 30s. or 40.s. charges. The Acts of 
Assembly are here and humbly desired to be confirmed by his 
Majesty. The people are generally easy to be governed, yet rather 
by pei-suasion than severity. Privateering has let out many ill 
humoiu-s, and those that remain are thriving, peaceable, and in- 
dustrious. Wlien Sir Charles left, the island was in a very healthful 
and plentiful condition, even the Spanish negroes, who had so long 



240 COLONIAL PAPERS. 

16G-t. 

disquieted the inhabitants, having come in and submitted to his 
Majesty's authority. In the handwritrng of Sir Charles Lyttelton, 
indorsed by Sec. Lord A rlington. 2 pp {Col. Papers, Vol. XVII I., 
Ko. 111.] 

Oct. 3. 813. C'oj^y of preceding, with nieni., The original of this paper 

[that is tlie preceding Account of Jamaica] was given to Mi-. Secretary 
Morrice 3rd Oct. 1664. The last 10 lines of the original, commencing 
from The Government is plain and agreeable, are, however, omitted 
in tliis copy. 2^ pp. [Col. Papers, Vol. XVI II., No. 112.] 

1664. 814. A short account of Jamaica when Sir Cliarles Lyttelton left 

it in the year 1664 [May 2], whicli by his Majesty's command he 
presented to the Privy Council. This is almost an exact copy of the 
above, but -WTitten in the third person, and the last paragi'aph 
about Spanish negToes is omitted. 2i pp. [Col. Entry Bk., Xo. 
XXVII., p2y.21-2S.] 

[Oct. 3.] 815. Reasons [by Sir Charles Lyttelton] proposed by the King's 
command for his Majesty's settling a plantation in Jamaica. It will 
be a great encoui-agement to the old planters to endeavour a great 
improvement on their plantations when they see his Majesty interests 
himself in the country, and will take away all doubts and jealousies 
of rumours too frequently spread, of his Majesty's re-delivering the 
island to the Spaniards, which have hitherto been a main obstacle 
to the settlement of it. It will encourage the better sort of planters 
in the Windward Isles to come down to Jamaica ; and will sei-ve for 
the re-victualling ships in harbour. But the best design for his 
Majesty will be a great sugar work ; and for this 30 blacks and as 
many whites at first entering are thought sufficient. In about 10 
months 100 more must be added, it being alike dangerous to starve 
a growing plantation for want of hands as to overcharge a small one 
and so starve them. Then must be added coppers, stills, and all 
utensils for a mill and sugar works, and sawyers and ships' carpenters. 
In managing these affairs tlic^ |iii:si-iit fJiAiTiiur has greater expe- 
rience than Sir Charles, but lir thinks tliat I'.oOO or 3,000 hogs will 
in a small time be raised, and tln' ships' carpi'iitc-rs should be employed 
in felling and squaring timber and building shallops for his Maje,sty's 
service. The plantation .should be near a harbour, and three shallops 
would be needed, which could also be employed to go a-turtleing 
and in carrying despatches and provisions. The whole cost cannot, 
he computes, according to his inquiries, be more than 4,000Z., which 
in two years would be neai'ly repaid. Cocoa walks, to be managed 
by 16 men, who might gi'ow indigo and tobacco besides, could be 
planted with advantage ; a gentleman obtained last year from 20 
acres of plants 12,000 weight of nuts, which he has sold himself 
since his arrival for 8?. 12.s. per cent. Thinks it a very probable 
advantage if his Majesty would encourage two or three skilful miners 
to scarcli the ore of the mountains. Indorsed by Sec. Lord Arling- 
ton, Jamaica papers. Reasons for the settling a plantation in 
Jamaica at his Majesty's own expense of 4,000?. 2 p^:). [Col. 
Pcqxrs, Vol. XVIII., Xo. 113.] 



AMERICA AND WEST INDIES. 241 



1664. 
[Oct. 3.] 816. Copy of preceding. Indorsed, Original of this [the above 
reasons in the handwriting of Sir Charles Lyttelton] was given to 
Mr. Sec. Morrice .3 Oct. 1664. U pp. [Col. Papers, Vol. XVIIL, 
Ko. 114.] 

1664 ? 817. A brief account of the island Tortudos [Tortuga], about 20 

miles long and seven broad. When Gen. Venables arrived before 
Hispaniola, Tortudos was inhabited by a few Spaniards, who wholly 
deserted the place some six months after. Elias Watts then, with 
10 Englishmen from Jamaica, took possession thereof, raised a fort 
of four guns from the ruins of a great fort which the French had 
erected, but they were wholly beaten oft" by the Spaniards. After 
some time about 150 English and French settled there, which was 
a great succour to the English nation. Col. Watts got a commission 
for said island from General Bryant, Governor of Jamaica, and the 
inhabitants increased. A poor distressed gentleman, a colonel in 
the King's army, banished from England, married Watts' daughter 
and became chief in Tortudos ; but a French Monsieur obtained a 
commission, went for Jamaica when Col. D'Oyley was Governor, 
and had possession given him on condition of holding the island for 
the English nation, but proclaimed the King of France, plundered 
the English, put them off the island, and has since ke]3t possession 
thereof 

The wrong that Tortudos may do the inhabitants of Jamaica. It 
is a port where men-of-war may safely ride at anchor and bring 
their prizes, putting them to sale, and supplying all their wants, 
which will be a great discouragement to Jamaica. There are 20 
privateers of all nations under the protection of Jamaica, which 
being now debarred from taking in their prizes there, will from 
Tortudos take French and Portugal commissions or none at all, and 
will hinder all trade to and from Jamaica and obstruct Spanish 
ships from going there to buy negroes. In fine, if Tortudos be 
not reduced to the obedience of the Governor of Jamaica, it will 
cause the ruin thereof and the harbouring of rogues and pirates 
who make it [piracy] their living, by Avhich means the inhabitants 
of Jamaica will desert the country. This may be prevented by 
demanding Tortudos with two of the King's ships from Jamaica, 
which may very easily be done, as there are but 150 Frenchmen 
and one fort with four guns, and it is certain if demanded the 
island will be delivered. 3 pp. [Col. Entry BJc, No. XCIL, JT- 
259-262.] 

1664 ? 818. A relation concerning Tortugas and his Majesty's right 

thereunto, by Abraham Langford. About 28 years past. Governor 
Lyttelton, of Nevis, sent 25 men to settle Tortugas, who were the 
first inhabitants of any nation since the Spanish conquest of the 
natives. They received as Governor Captain James, who ^v&s soon 
after dispossessed by Lavasnier, a Frenchman, who fortified it with 
74 guns, made himself absolute Lord of the island, imprisoned those 
who had lawful commissions from the Earl of Warwick, and seizied 
their ships. He was murdered by two of his own kinsmen, and the 
M 605. Q 



242 COLONIAL PAPERS. 

1664. 

Grand Master of Malta, on St. Christopher's, appointed M. Travail 
to be Governor, and afterwards M. La Fontaine, who sold the place 
to the Spaniards for 1.5,000 pieces of eight; they deserted the island 
when the English fleet went for San. Domingo, and six months after 
Elias Watts, an Englishman, re-possessed it by commission from 
Lt.-Gen. Bryan, Governor of Jamaica ; he was succeeded by G. M. 
Duracy by commission from Col. D'Ojdey, who has declared for the 
King of France, having received from him a patent for the island, 
and is now following Lavasnier's track by recei\'ing pirates into his 
protection, and goes on fortifying himself, which if not prevented 
may prove the ruin of his Majesty's subjects in these parts. 2 «». 
[Gd. Papers, Vol XVIII., No. 11.5.] 

Oct. 3. 819. Dr. Henry Stuljbs to William Godolphin, at Sir Henry 

Parson's Green. Bennet's house near Charing Cross. Gives at Sir Henry Bennet's 
request his opinions as to the present design upon Tortugas. Con- 
siders the design not worthy of his Majesty ; it may endanger a 
rupture with France ; will engage the King's honour, and is difficult 
to effect, and hath no considerable advantages ; it were rather an 
attempt becoming some private merchants, or the Governor of 
Jamaica, actmg by the King's connivance. The island is small and 
yields little encouragement to English to settle, and must become 
either the possession of some few planters or of a Governor and 
garrison. The present French Governor holds it by his domestics and 
servants, nor is there one considerable plantation, since the buccaneers 
have no fixed abode in Hispaniola for fear of the Spaniards. Tor- 
tugas is their harbour, and a port for French ships, who trade with 
them for tortoise-shell and hides. It lies out of the course of 
English merchant ships, so that neither doth necessity enforce nor 
can any advantage induce his Majesty to this design. Knows not 
with what force his Majesty will possess himself of it, for opposition 
must be expected from the French of Hispaniola. Albeit the 
English are not overmuch concerned at the name and interest of 
their King, yet those French would embrace any directions from 
France, as was seen in Jamaica, when they termed Pleneville a rebel 
for going against the French Governor by Lord Windsor's appoint- 
ment. It seems difficult to comprehend how anj' will be got to 
transport themselves fi-om Jamaica to Tortugas, and how it could be 
the King's interest to disfurnish Jamaica. Col. Barry was an old 
known soldier and planter in Jamaica, Capt. Pleneville a serious and 
understanding planter, who, with Capt. Leveret and Capt. Langford, 
and all their interest and contrivance, could not procure 20 men to 
go -with them to stay there ; and can it be imagined that any will be 
more willing now when Jamaica is in a much more flourishing con- 
dition, but allow that some should go, Tortugas may prove as fatal 
to the Jamaicans as Jamaica does to Barbadoes, St. Kitts, Nevis, or 
Bermudas. The English had it once, but never heard of anj^ great 
advantages made of it ; most of them went away, and who can 
stay or govern a people that have but a barren soil to dwell on. A 
design on San Domingo much more practicable. But should all 
things appear different to what they really are, yet is Capt. Langford 



AMERICA AND WEST INDIES. 243 



not a fitting man to manage this design. When he went with Col. 
Bany, certainly Sancho Panza with better conduct regulated himself 
at the island of Baratoria. Sir Charles Lyttelton can inform the 
Secretary of that novel [obviously Don Quisotte]. Capt. Langford 
speaks not French, nor does he understand it ; he is a man of no 
wisdom, his interest in Jamaica and jDerson is despicable, bis fortune 
forlorn, his honesty questionable. Fears all his contrivance amoimts 
to no more than a desire to repay out of the King's purse debts he 
has contracted by his debonnaire life and defrauding, as 'tis said, 
his jDrincipals. Denies not he is a good seaman and skilled in those 
parts, but so opiniative he Avill boast of much more than he knows, 
and seems resolute to ignore nothing. Fears lest so exellent a 
Prince should receive a blemish by the miscarriage of so puny an 
attempt, to be prosecuted by so inconsiderable a person, who has 
been foiled in one petty settlement at Petty-Goava, and who has 
neither wit to apprehend a design, conduct to manage it, nor 
honesty to be trusted with money or goods. 3 'pp. [Col. Papers, 
Vol. XVIIL, Ko. IlC] 

16C'4 ? 820. Proposals of Abraham Langford in matter to his return for 

Jamaica and Hispaniola without a ship of his Majesty. That he 
might have the King's commission for the government of Tortugas 
and coasts of Hispaniola, with maintenance. Has been twO years 
endeavouring the reducement of Tortugas, see ante, JS^o. 390, jj. 116, 
and in the government of the coast of Hispaniola at his own great 
expense. Desires some advance to defray his transport to Jamaica. 
If the King's pleasure be not to reduce Tortugas, that he may have 
his Majesty's order to buy it from Mons. Duracey, who claims it as 
his own and proffers it to sell. To send miners for further search 
into the copper mine of Coridon. Signed by Abraham Langford. 
1 p. [Col. Papers, Vol. XVIIL, No. 117.] 

ICG-l ? 821. The Benefits which will accrue by taking the Planters off" 

Hispaniola into his Majesty's protection and government. Increase 
of revenue ; laud to maintain thousands of families ; it will j^revent 
protection of pirates ; there are copper and silver mines ; it can be 
settled at less cost than other plantations ; quantities of good tobacco 
raised, and it will engross the trade from the French : .500/. desii-ed 
for the hire of a ship to settle the government and trade, and an 
allowance to transport [Abraham Langford] to Jamaica. 1 p. [Col. 
Papers, Vol. XVIIL, Xo. 118.] 

Oct. 5. 822. Governor Lord Willoughby to Sec. Lord Arlington. The 

Baihadoes. French King has sent a new Governor to settle his West India 
Islands, who is intended for Canada as soon as that is done, whereby 
it appears that the French King is very intent upon his affairs in 
those parts. Has given his Majesty an account of the concernments 
of Sta. Lucia, and doubts not but upon demand of the King of France, 
the King of England will order the restitution of it. Refers to his 
account of the taking possession of the island, and hopes it will not 
be surrendered. Great danger to be expected ft-om the French in 
the West Indies, so that it will not only be fit to refuse this so 
uni'easonable demand, but to consider how to become masters of the 

Q 2 



244 COLONIAL PAPERS. 

1664. 

rest of their islands. Has ordered his nephew to wait on him with 
some petitions from several of his Majesty's islands, wherein they 
have laid down their condition and implore the King's relief and 
help. 1| pp. [Col. Papers, Vol. XV III., No. 119.] 

Oct. 6. 823. Abstracts of Governor Lord Willoughby's letters from 

Barbadoes of Sept. 10 and Nov. 4, 1663, and the King's letter of 
Jan. 12 (11th) 1664, all calendared, see Nos. .561, .578, 628. To 
the first is a marginal note by Williamson " the guns be already 
sent away by Sir John Colleton." Also, Abstract of Governor Lord 
Willoughby's letter of 6 Oct. 1664. That the King of France pursues 
his interest in the [West] Indies veiy high, and backs it with power 
of shipping and men ; his Lieutenant-General Mons. Tracy has 30 
gentlemen for his guard and one of the King's ships of war of 50 
brass guns to attend him ; the French strong and rich in trade in 
Canada, and Kyan (Cayenne) in the main of Guiana near Surinam. 
In fine the dispute will be whether the King of England or of France 
shall be monarch of the West Indies, for the King of Spain cannot 
hold it long, and this is the first year's entrance of the King of 
France on his own account. The French Governor of St. Kitts 
informed Lord Willoughbj' that the King of France would buy 
their interest in the island and all the islands adjacent possessed by 
the French, and appropriate them to himself, and that he was sending 
a viceroy with men and shipping to secm-e his interest in those 
parts. Williamson has added. Their ordinary gazette says that 
the bargain is already made with the Order of Malta by the King 
of France for their interest in St. Kitts and the money paid to the 
Commander de Sounce'. 2 pp. [Col. Papers, Vol. XVIII., No. 120.] 

1664 ? 824. Memorandum of 2,000 firearms, 1,000 pikes, 200 barrels of 

]>owder, ^\\i\\ match and bullets proportionable, to be delivered to 
Sir John Colleton, his deputy, for the u.se of Barbadoes. In William- 
son's hand. [Col. Papers, Vol. XVIIL, No. 121.] 

Oct. 8. 825. William Brenton to Col. Nicolls. Acknowledges the 

Newport, favour shown to the Governor and himself at the retm-n of their 
Commissioners, who were sent to present their allegdance to his 
Majesty and service to himself, as also for his favour to this despised 
colony. They are a poor despised outcast people, and it has been 
his portion these 30 j-ears to be in some trouble, yet they could 
never allege anything against him of unloyalty or rebellion against 
his Majesty or any of his substitutes. Is ready to serve the King 
or themselves to the utmost of his ability, to whom he offers his 
poor house to entertain or receive them in case they come this way. 
1 p. {Col. Papers, Vol. XVIIL, No. 122.] 

Oct. 11-28. 826. Minutes of the Council of .Jamaica. The returns of the 
St. Jago-rte-la- several elections of Assemblymen for the island presented, viz., — 
^^^' St. Andrew's, Major Richd. Hope and James Howell ; Port Royal, 
William Beeston and John Loveing; North Side, Abraham Ru Iter 
and Saml. Ginkcs; St. John'.s, Thomas Ascough and Richard Ofleild; 
St. David's, Major Rich. Lloyd and Matthew Eaton ; St. Katharine's, 
Sir Thos. Whetstones and John Tompon ; Clarendon, Capt. Ed. 



a:merica and west indies. 2i5 

16G4. 

Morris and Richard Philip ; Blewfields, James Perkman and Chris- 
topher Pinder; and, St. Thomas', Thomas Freeman and William 
Bowden. 

Oct. 12. — That Rich. Hemmins enjoy the house mentioned in his 
Patent, hut the court-house and shed adjoining to be reserved to 
the use of the public. 

Oct. 1.5. — That the Provost-Marshal pay Oapt. Abraham Rutter 5/. 
for his great trouble in taking a negro belonging to Capt. Vernej-. 
That the proposals of the Assembly touching the courts be debated 
in full Council. That Gov. Modyford's commission be recorded in 
the office of Capt. Edward Walrond of enrolments in the Chancery. 

Oct. 18. — Order for debate of above proposals at Mr. Martin's 
chamber. That the clause in Highways Act concerning GO feet 
Avide in standing wood be not put in execution for two years, Init 
only to be made 20 feet wide. 

Oct. 20.— Address of the Assembly, signed by Sir Thos. Whet- 
stones, Speaker, to the Governor. It is their desire and advice that 
the Court of Common Pleas be constantly held in St. Jago-de-la- 
Vega, and no more at Port Royal. That in regard the former is in 
the heart of the country, and the latter far out in the sea, a quarter 
sessions be held in every precinct ; and that not more than two 
general sessions be held yearly, and those at St. Jago. 

That the Council concur with the Assembly, and also in referrino- 
the settlement of the courts of judicature to the Governor. Ordered 
that the Court of Common Pleas be held at St. Jago. The followino- 
Acts were passed by the Council — (1.) Against excessive usury ; (2.) 
For the good governing of servants ; (3.) For foreign attachments ; 
(4.) For enrolment of deeds ; (.5.) For rating of meat ; (6.) For em- 
powering freeholders to plead in their own cause. 

Oct. 26. — The former order concerning a difference lietweon Cai:)t. 
Thos. Morgan and Wil. Crane to continue in force. Two Acts 
passed by the Council, (7.) For the better maintenance of the 
ministry ; (8.) Declaring war against the outlying Spanish negroes 
unless they submit to the Government. 

Oct. 28.— Two Acts passed by the Council — (9.) Concerning the 
court-house ; and (10.) Concerning the regulating of the freights of 
boats and wherries. 9 'pp. [Col. Entry BL, No. XXXIV., pp. 93, 
94, 10.5-112.] 

Oct. 13. 827. TheDukeof Albemarle to Sec. Sir K.Bennet[.s;c]. Requests 

Newhall. hini to procure a special license from the King of Portugal for Sir 
Jas. Modyford, to buy 600 head of cattle at Cape de Verd Island, for 
English commodities, and transport them to Jamaica. Indorsed, 
Mem., Sr. Jas. Modyford interpreted tlie cattle meant to be young 
heifers of three years old. 1 p. {Col. Papers, Vol. XVIII., No. 123.] 

Oct. 13. 828. Sir Robert Carr to Col. Nicolls. Arrived at Delaware the 

Delaware Fort, last day of Sept., after a long and troublesome passage, passing by 

the fort without taking notice of each other, the better to satisfy 



210 COLONIAL PAPERS. 

1GC4. 

the Swedes, who, notwithstanding the persuasions of the Dutch to the 
contrary, were soon our friends. Afterwards lield parley with the 
Dutch ; the burghers and townsmen after three days consented to 
his demands, but the Governor and soldiery altogether refused his 
propositions. "Whereupon he landed his soldiers and stormed the 
fort, and plundered it ; " the seamen no less given to that sport 
were quickly in," and had good store of booty. Their loss was 
none; the Dutch had 10 wounded and three killed. The fort, 
although with 14 guns, is not tenable without great charge, which 
must be expended to keep it. Ensign Stock ill ; will send him to 
NicolLs when he recovers. If they had not come in as they did, they 
would have been necessitated to quit the place in less than a month. 
Has already sent some niggers to Maryland, which belonged to the 
late Governor, at his plantation above [of Delaware]. The falling 
of the Indians from their former civility, and abusing messengers, 
being exasperated by the Dutch, the cause of his not sending to give 
notice of their successes. The Indians so strong that no Christians 
yet dai-e venture to plant on the other side, whicli belongs to the 
Duke of York ; they stayed here three nights, but are since returned 
without doing any hurt. Begs his endeavours to assist in the 
reconciliation of the Indians called Synckoes, at the Fort Fen-ania 
[Aurania], and the Huskehanoes here, several murders having lately 
been committed upon the Dutch and Swedes. To send Allison and 
Thompson to " re-edify " the fort and fix oui- arms, aU being broken 
or unfixed. Printed in Neio York Documents, III., 7S,74!. 2 yw. 
[Col Papers, Vol XVIIL, No. 124.] 

Oct. 14. 829. to Williamson. A Dutch ship with 300 men beaten 

by the English out of Amsterdam, New Netherlands, has arrived at 
Mount's Bay. The Eagle, Capt. Brooke, has arrived fi-om Gambia, 
having landed 50 men there upon an island taken by Major Holmes, 
who thinks the Dutch have lost thek interest in those parts. 
[Dom., Cho.s. II., Vol CIIL, Ro. 57, Cal, p. 32.] 

Oct. 16. 830. Gov. Lord Willoughby to Sec. Lord Ai'ling-ton. Eefers 

Barbadoes. to his account of the French King's proceedings in these parts 
{see ante. No. 822.] Hopes if war break out between the English 
and the Hollander, that he may have timely ad\ace to prepare 
for the defence of the i.slands under his government, and the 
shipping riding there, which without good reaching guns, can 
receive little security from the shore. Unless arms and ammimition 
are sent out, they are likely to feel the effects of the war very 
suddenly, in revenge for the injuries inflicted upon the Hollander 
during the time of the usurped powers. The Dutch have possessed 
themselves of several islands within the extent of his Majesty's com- 
mission, and of some settlements in Guiana, regarding which he 
would wish to know his Majesty's pleasiu'e with all convenient 
speed. Eecommends some ships of force being sent out with 500 
men and two or three thousand spare arms and convenient boats for 
landing a good number of men upon occasion to be employed against 
the Dutch before they are able to be reinforced. 2 pp. [CoL 
Papers, Vol XVII 1. No. 125.] 



AMERICA AND WEST INDIES. 247 

1664. 
Oct. 19. 831. Gov. Endecott " in the name and by the order of the General 

[Boston.] Court " to Sec-retary Morrice. The confidence they have in his favour 
emboldens them to give him this additional trouble in the day of 
then- necessity. " We are poor and destitute as to interest with any 
that have power to be helpfid to us at such a time, except the Lord 
be pleased as formerly he hath done, to move your Honour's heart 
in our behalf, to appear for us as the equity and justice of our case 
may appear to you." They are necessitated to beg the King's grace 
and favour that they may not be deprived at once of all that was 
Avorthy their travels and hazard to and in this wdlderness, which 
is threatened by a Commission granted to four gentlemen come 
into these parts, and should they make alteration in or weaken 
the authority established here by their charter, they have just cause 
to fear that the event of such a design will be no other than the 
ruin of this hopeful and hitherto prosperous colony, and will occasion 
such persons as are most considerable to provide for them in some 
other place less known than New England is now made to be. The 
favoiu- they beg is, that their petition finding acceptance with his 
Majesty, and coming in debate before the Council, he mil appear 
for them, that the authority and power of government they have 
so long enjoyed may not now be made void and strangers imposed 
upon them, the continuance whereof they apprehend to be their 
equal right even as their houses and lands. Beg him to pardon 
their boldness and plainness of speech arising from their deep sense 
of the evil impending over them, and accompanied with some 
measure of confidence in the candour of his spirit towards them. 
1 p. [Col. Papers, Vol. X VIII., No. 12(3.] 

Oct. 19. 832. The Humble Supplication of the General Court of the Massa- 

[Boston.] chussetts Colony in New England to the King. Set forth the sacri- 
fices by which the liberties hitherto possessed by Massachusetts had 
been purcha.sed, and urge the injustice of encroachment on them. 
" This people did at their own charges transport themselves, their 
wives and families over the ocean, purchase the lands of the natives, 
and plant this colony with great labour, hazards, costs, and diflScul- 
ties ; for a long time wrestling with the wants of a wilderness and 
the burdens of a new plantation ; having also now above .30 years 
enjoyed the aforesaid power and privilege of government within 
themselves, as their undoubted right in the sight of God and man." 
They refer with gTatitude to the King's gracious letters to them full 
of expressions tending to confirm them in their enjoyments, viz., of 
loth Feb. 16G1 [see ante, No. 31], of the 28th June 1662 [see ante, 
No. 314], in which " we have applied ourselves to the utmost to satisfy 
your Majesty so far as doth consist with conscience of our duty 
towards God, and the just liberties of our patent," and the last of 
23rd April 1664 [see ante. No. 715], wherein his Majesty declares he 
hath not the least intention or thought of violating or in the least 
degree infringing their charter. " But now what atfiiction of heart 
must it needs be unto us that our sins have provoked God to permit 
our adversaries to set themselves against us by their misinformations, 
complaints, and solicitations (as some of them have made that their 



248 COLONIAL PAPERS. 



work for many years), and thereby to procure a commission under 
the Great Seal, wherein four persons (one of them our known and 
professed enemy) are empowered to hear, receive, examine, and 
determine all complaints and appeals in all causes and matters, as 
well military as criminal and civil, and to proceed in all things for 
settling this country according to their good and sound discretions, 
&c., whereby, instead of being governed by rulers of our own choosing 
(which is the fundamental privilege of our patent), and by laws of 
our own, we are like to be subjected to the arbitrary power of 
strangers, proceeding not by any established law, but by their own 
discretions." In this case their refuge under God is his Majesty. " If 
these things go on (according to their present appearance) your 
subjects here will either be forced to seek new dwellings, or sink and 
faint under burdens that will be to them intolerable ; the vigour of 
all men's endeavours in their several callings and occupations (either 
for merchandise abroad or further subduing this wilderness at home) 
will be enfeebled, as we perceive it already begins to be ; the good 
work of converting the natives obstructed ; the inhabitants driven 
to we know not -what extremities, and this hopeful plantation in the 
issue ruined." Whatever becomes of them they are sure the adver- 
sary canuot countervail the King's damage ; it is indeed a grief to 
their hearts to see his Majesty put upon this extraordinary charge 
and cost about a business, the product whereof can never reimburse 
the one half of what will be expended upon it. " We perceive there 
have been great expectations of what is to be had here, raised by 
some men's informations, but those informations Avill prove fallacious, 
disappointing them that have relied upon them. And if the taking 
of this course should drive this people out of the country (for to a 
coalition therein they will never come), it will be hard to find 
another people that will stay long, or stand under any considerable 
burden in it, seeing it is not a country where men can subsist without 
hard labour and great frugality." 'There have also been high repre- 
sentations of great divisions and discontents among them, and of a 
necessity of sending Commissioners to relieve the aggrieved, whereas 
it ] ilainly appears that the body of this people are unanimously satis- 
fied in the present government and abhorrent from change. " Sir, 
the all-knowing God, He knows our greatest ambition is to live a poor 
and a quiet life, in a corner of the world without offence to God or 
man. We came not into this wilderness to seek great things to our- 
selves, and if any come after us to seek them here, they will be 
disappointed. We keep ourselves within our line and meddle not 
with matters abroad. A just dependence upon and subjection to 
your Majesty according to our charter, it is far from our hearts to 
disacknowledge. And should Divine Providence ever offer an 
opportunity wherein we might in any righteous way, according to 
our poor and mean capacity, testify our dutiful affection to your 
Majesty, we hope we should most gladly embrace it. But it is a 
great unhappiness to be reduced to so hard a case as to have no other 
testimony of our subjection and loj-alty offered us but this, viz., to 
destroy our own being, which nature teacheth us to preserve, or to 
yield up our liberties, which are far dearer to us than our lives, and 



AMERICA AND WEST INDIES. 249 



16G4. 

which had we had any fear of being deprived of, we liad never 
wandered from our father's houses into these ends of the earth, nor 
laid out our labours and estates therein. . . . Royal Sir, it is in 
your power to say of your poor people in New England they shall 
not die. If we have found favour in the sight of our King, let our 
life be given us at our petition (or rather that which is dearer than 
life, that we have ventured our lives and willingly passed throuo-h 
many deaths to obtain), and our all, at our request. Let our govern- 
ment live, our patent live, our magistrates live, our laws and liberties 
live, our religious enjoyments live, so shall we all have yet further 
cause to say from our heart ' Let the King live for ever,' and the 
blessing of them that were ready to perish shall come upon your 
Majesty, having delivered the poor that crieth and such as had none 
to help them." lids paper is jKuily printed in Palfrey's History 
ofNetv England, Vol. II., pp. 588-590, who says a Committee con- 
sisting of Francis Willoughhy, Major-General Leveretf, and Jonu- 
tlian Mitrliill, fiiiu'vfi^i' (f Cambridge, dreiv it up, and nft' r inure 
tiniii tii;_, ,,,n,iili^ ir, ,;■ sju'id in its preparation it %vas udni,/, ,1 ,if a 
sprri,,! nn.i;,,,, ,.f t/,r Omerul Couvt. This the original /s ..;</, /^Z 
hy "Jo. ]C,nl,,ntf, Governor, in the name and by the order of the 
General ( 'mt ,-l h, !d at Boston in A^ew England, Oct. 19, 1664." 2 «» 
very clusrly ,rr[ff. n. {Col. Papers, Vol. XVI IL, Xo. 127.] 

Oct. 19. 833. Governor Lord Willoughby to the Lords of the Council. 

Barbadoe^i. Sends, in answer to their letter of "Aug. 2-i, abstract of the usages 
in the proceedings of the Court of Common Pleas in Ba.rbadoes, 
also copy of ordinance lately passed for establishing the Courts 
of Common Pleas, which have been reduced to two, with onejudo-e 
and four assistants in each. Was anxious to have the courts held 
by judges as in England, Init the people were too much wedded to 
their ancient usages, but will endeavour to effect them on his return 
from Surinam. No ordinance but that of settling the customs has 
been sent home, as the people have not been in a proper temper 
for being called together. Hopes to rectify all in good time if their 
Lordships will bear with him. Indorsed, " Referred to Council of 
Plantations, Feb. 24." Incloses, 

833 I. Narrative of the usages and customs of Barbadoes 'con- 
cerning proceedings in the Courts of Common Pleas. A 
debt may be recovered in six months. Land is ajipraised 
and delivered to the creditor without provision beino- 
made for the wife and children. The planter pays fifteen 
per cent, interest if he keeps the land 80 days after execu- 
tion. For fraudulently concealing attached goods the debtor 
has to stand in the pillory and have his ears cut off", and 
the estate is sold or appraised ; execution issues after five 
days if goods are then not paid for, and the debtor's 
estate is delivered to the creditor with 20 per cent, advance. 
The appraisers are the ablest freeholders in the precincts, 
who are neither kindred, friends, nor enemies of the parties' 
and give their jugments upon oath. Ajiproved by Governor 
and Council, 17th Oct. 166-i. 



250 COLONIAL PAPERS. 



833. II. Ordinance of the Govei-nor and Council concerning the 
forms of proceedings in the Common Pleas. That from 
12th January next the courts be held in two places only, 
viz., at St. Michael's for the parishes of Christchurch, St. 
Philip's, St. Michael's, St. George's, and St. John's ; and in 
Spight's town (alias Little Bristol) for the parishes of 
St. James, St. Thomas, St. Peter's, All Saints, St. Lucy's, 
St. Joseph's, and St. Andrew's. That there be one judge 
and four assistants in each court to be appointed by the 
Governor for the due administration of justice. The times 
appointed for said courts to be held, Monday in January 
next, and continue if need be until Friday night following ; 
the other court shall be held at Spight's town the Monday 
following, and continue if need be until the Thursday 
night after, and so successively every four weeks. Direc- 
tions for the proceedings of the judges. Signed by Lord 
Willoughby. Together G^, 2^2^. [Col. Peqyers, Vol. XVIII., 
N0S.I2S, 128 I., II.] 

Oct. 21-26. 834. "Catalogue, alphabetical, of the names of such inhabitants 
Xew York, of New York, &c. as took the oath to be true subjects to his 
Majesty, October the 21st, 22nd, 24th, and 26th days, 1664," with 
the oath itself, viz., " I sw^ear by the name of Almighty God, that I 
will be a true subject to the King of Great Britain, and will obey 
all such commands as I shall receive from his Majesty, his Royal 
Highness James Duke of York, and such Governors and ofEcei-s as 
from time to time are appointed over me by his authority, and 
none other, whilst I live in any of his Majesty's territories, So help 
me God." Here follmu the names in a^yhahetical order, tuhich are 
all 2:>rinted in Netu York Documents, III., 74-77. [Col. Papers, 
Vol. XVIIL, No. 129.] 

1664? 835. Proclamation in Col. Nicolls' handwriting to the inhabi- 

tants of New York. Whereas there is a false and injurious asper- 
sion cast on the oath of obedience to his Majesty, the Duke of 
York, and the Governor and officers api^ointed by his Majesty's 
authority, by some persons seeking to distract the minds of the 
inhabitants of New York, by suggesting that the Ai-ticles of Peace 
so lately and solemnly made and signed were intended by that oath 
to be made null and of no effect ; Governor Nicolls declares that 
the Articles of Sm-render are not in the least broken or intended 
to be broken by said oath, and if any person hereafter shall pre- 
sume to give any other construction of said oath, he will be 
accounted a disturber of the peace, and proceeded against accord- 
ingly. This Declaration to be forthwith I'ead to all the inhabitants 
and registered, and every denizen who intends to remain here under 
his Majesty's obedience to take the said oath. Draft, tvith cor- 
rections. 1 x>. [Col. Papers, Vol. XVIIL, No. ISO.] 

1664. 836. Minutes of the Council of Jamaica. Acts passed [see ante, 

Nov. 2-11. No. S26]. (11.) For the better governing of negro slaves. (12.) 

Nov. 3. For regulating the freight of boats and wherries. For mending and 



AMERICA AND WEST INDIES. 261 



lGG-1. 

Nov. 4. repairing the highways. (13.) For prohibiting the transportation of 
commodities oft' the island in a growing condition. (14.) For pre- 
venting the retailing of strong liquors by persons unlicensed. (15.) 
For settling the militia. (16.) For the encouragement of the produce 
and manufacture of this island. (17.) Against tipling, cursino-, and 
Nov. 8. swearing. (18.) For dividing the island into several parishes and 
precincts. (19.) For regulating hunters. (20.) Authorising justices 
Nov. 9. of the peace to decide differences not exceeding 40s. (21.) For 
regulating the .fees of the Broad Seal. (22.) And the fees of 
offices. (23.) For raising a public revenue out of strong liquors. 
(24.) Impowering the secretary to take security of all masters of 
Nov. 10. trading ships. (2-5.) Declaring the laws of England in force in the 
island. (26.) Additional Act imposing a tax on licensed alehouses ; 
and (27.) Repealing Acts made of the former Assembly. The 
Council concur with the Assembly in desiring the Governor to call 
Nov. 11. the Treasurer and Receiver to account. Richard Povey, Secretary to 
the Council, knowing of the Governor's coming, having without 
permission left the island before his arrival, and Povey's deput}', Peter 
Pugh, refusing to keep the office in town or give 10,000?. security 
for its due performance, ordered that said secretary's place be dis- 
posed of as the Governor shall think fit, until his Majesty's pleasure 
be known. 5 pp. \Col. Entry Bh, No. XXXIV., pp. 112-116.] 
Nov. ? 837. Ai-ticles of high and treasonable crimes and misdemeanors 

Jamtiici. exhibited before the Governor, Council, and Assembly by Sir Thos. 
Wlietstone, in behalf of his Majesty, against Samuel Long of Port 
Royal. That on the I7th and 18th of May last he caused himself 
to be elected Speaker at a meeting at Port Royal of members of the 
Assembly, whose authority, by the departure of Sir Chas. Lyttelton, 
had ceased, and passed certain orders and votes with intention to 
grasp the legislative power into his owir hands ; and traitorously 
and impudently refused to take any notice of the Deputy Governor, 
Col. Edward Morgan's dissolution of the meeting. That he procured 
an Act to be passed for setting up a particular treasury of the island, 
with himself as Treasurer, into which all his Majesty's revenue was 
to be paid, and from which no monies should be issued without 
order from the Assembly, thus endeavouring to disinherit his Majesty 
of his undoubted right of receiving and disposing of public treasure. 
That in pursuance of this Act, he refused 201. to Sir 'Thos. Modyfoi'd, 
for the repair- of his Majesty's shallop Stingray, whereby the works 
of the fort have remained improsecuted ever since. That he has 
also procured himself to be elected clerk of this present Assembly, 
and has done his utmost to infuse his traitorous principles into the 
members, but they altogether disown and abhor his advice. Sir 
Thos. Whetstone therefore requires that Long may be brought to 
answer for his treasonable practices and contrivances, and receive 
suitable censure from the Assembly. 3 pp. [Col. Papers, Vol 
XVIII., No. 131.] 

Nov. 3. 838. Wan-ant of the Governor of Jamaica to the Provost- 

Marshal, for the apprehension of Samuel Long, clerk of the 
Assembly. That he hath by seditious speeches and arguments 



252 COLONIAL PAPERS. 



endeavoured to infuse dangerous principles into the heads of 
members of said Assembly, advising them not to trust the King 
■with any fines or other levies, but to make them all payable to a 
Treasurer of their own, lest the King should give them away by a 
Privy Seal, thereby endeavouring to take from his Majesty the dis- 
position of public monies, which is the chief flower of his crown, 
tjeing the ornament of peace and the sinews of war. Holds it his 
duty to stop the first steps of rebellion, tlie foundation of which has 
always been laid by placing the public moneys in private liands. 
1 p. iJJol. Papers, Vol. XVIII., No. 132.] 

Nov. 7. 839. Report of the Committee for the affairs of Jamaica to the 

Wliituliall. King. That his Royal Highness be desired to write to the privateers 
in the West Indies to forbear all acts of hostility upon the Spaniard 
until further order, to give them liberty to dispossess the Dutch from 
Curasao and their other plantations, and tlien to come and serve his 
Majesty in these parts. That a letter be written to the Governor 
to allow the planters in Jamaica to transport goods from England, 
for their own consumption only, free of duty, under a certificate 
from the Governor. And that Bishop Russell before his departure 
be desired to move the King of Portugal for license to transport 
COO head of cattle from Portugal to Jamaica. 1 p. \Col. Papers, 
Vol. XVIII., No. 133,] 
Nov. 7. 840. Ambassador Van Gogh to [the Secretary of the States 

Chelsea. General]. Account of his audience with the King, when he deduced 
at large the injuries, violences, and outrages committed by the Eng- 
lish against the subjects of this State in the taking of New Nether- 
lands. His Majesty said that he had had both in writing and by 
word of mouth a full and large relation, but that the matter was so 
prolix that all could not be well remembered, but that he would 
give his answer to all particulars in writing. That it was done 
with his knowledge and by his order, as being a business which 
properly belongs to the English, that the ground was theirs and 
they had built upon it, and that the same was afterwards taken 
from the English by the Netherlands West India Companj', and 
by them only something more built upon ; that they had not had 
possession thereof much above four years, and that the English 
will justify and demonstrate their right to all this. Van Gogh 
replied that the Netherlands nation had now for 50 years together 
had quiet possession in those parts, which ought not in equity or 
reason to be taken from them. To which his Majesty retm-ned 
answer, "I shall cause an answer of all to be made in writing, 
which shall be suddenly given you." Van Gogh thereupon took 
occasion to say that these actions would turn to no other end but 
a widening of" the breach between both nations, and it was to be 
I'eared further mischiefs would arise. The pressing of men is, Van 
Gogh adds, grown to such a height in England that prentices, handi- 
craftsmen, and even shoemakers are pressed. 4 pp. Printed hi 
New York Documents, III., 77-79. {Correspond. Holland.] 
[Nov. 9.] 841. Thomas Kendall to Sec. Lord Arlington. Beseeches him 
to get the Council to grant free trade to Jamaica, and if that cennot 



AMERICA AND WEST INDIES. 253 



16G4. 

be obtained to refer his pajier to the Farmers of the customs. Also 
to give positive ordo's about the jjrivateers that are out, concerning 
which he left a paper. Now sends another paper, the contents of 
which much concern the peace and well government of the colony, 
and desires it may be read at the Council. Indorsrd, Kec. Nov. 9, 
lG(i4. ] ^1. [Col. Piqyers, Vvl. XVII I., Xo. 134.] 

1(J64 ? 842. Propositions of Mr. Kendall (Sir Thos. Modyford's brother- 

Nov. ? in-law) concerning the settling of Jamaica. That the chiefest 
encouragement for the speedy peopling of Jamaica will be that 
the Uovernor have power to admit of free trade, except blacks, at 
least for two or three years, which cannot be 1001. a year loss in 
the customs. Free trade being denied to the rest of his Majesty's 
Plantations (except Surinam), there will be nothing more consider- 
able to invite those that have a mind to leave Barbadoes, the Leeward 
Isles, and New England to settle in Jamaica ; and the Eoyal Com- 
pany's trade will be increased ; for the planter accoimts himself 
rich according to the number of blacks he is master of And if his 
Majesty please one year more to i^ay for the passage of those from 
Barbadoes that cannot do it themselves, which will not cost 1,000/., 
it will encourage others to go on their own charge, when numbers 
take away the fear of the Spaniards. The French King permits his 
subjects on the Caribbee Islands free trade with all nations, and of 
late has taken away two-thirds of the customs on commodities 
imported into France from thence, and they pay him no customs 
there. Indorsed, Mr. Kendall's propositions concerning Jamaica. 
Custom free. U pj). Two copies. [Col. Papers, Vol. XVIII., 
Xos. 135, 136.] 

Nov. ? 843. Proposition of Mr. Kendall concerning calling in the priva- 

teers of Jamaica. That it be referred to the Governor of Jamaica 
to use all possible means to get in the privateers, which must be 
done by fair means, and giving them leave to dispose of their prizes 
when they come in, otherwise they will be alarmed and will go to 
the French at Tortuga, and his Majesty will not only lose 1,000 or 
1,500 stout men, but they A\-ill still take Spaniards and disturb the 
trade to Jamaica, and if war break out with Holland, will certainly 
go to the Dutch at Curasao and inteiTupt all trade to Jamaica ; for 
they are desperate people, the greater part having been in men-of- 
Avar for 20 years. Therefore it will be much to the advantage of 
the Spaniard that the Governor has orders to permit them to sell 
their prizes, and set them a planting ; and if his Majesty shall think 
fit to have Tortuga or Curapao taken, none will be fitter for that 
work than they. Indorsed, Mr. Kendall's propositions in what 
manner to call in the privateers of Jamaica. | p. [Col. Papers 
Vol. XVIII, Xo. 157.] 

Nov. ? 844. Proposals for the civil government of Jamaica by Thomas 

Kendall, being an extract from Sir Thos. Modyford's letter of Aucr. 10 
[see ante, Xo. 785]. Concerning the division of the country Into 
counties, hundreds, and tythings, the appointment of sheriffs instead 
of a Provost-Marshal, and the establishment of courts of common 



254 coLo^^AL papers. 

pless at St. Jaco. /':.A>ns&i l£r. Kendalls last paper. pK^podiig 
some nietiicds in the civil !7v>veniiiient for Jamaica. 1 j;.. [C:-I. 
P,:^v -. r-.-. XVni.. S: ISS-: 

l'3o4 ; 845. Kecaest [of The-. Kendall] for pavment of 1.3311. Idj. S-i. 

to the Koyal Conipanv. f:r freight oi 746 r^i^^ns in rsro ships m?m 
Barh<adce5 to Jamaica, for ^hieh Sir Thos. Modyford lias given his 
obligation. 7:; Jors-^d. Mr. Kendals papers of -Jamaica, money due 
to Sir Ttos. Mo^ivford. For l.SSli. Ife Si. to be i?aid to the Roval 
Company. 1 :\ " "c\v. Pjiy -s. V:l XVIIR Xo. IS?." 

lo'.-4. S46. Sir Jo. Skelton to Williamson. Tne frigate Martagne 

Xov. 11. Gallery fr::i: INe^^ England gives assurance that Capt. ^ricc'.ls has 

recuo-ed. the ISe^ !N^edierlandeK. The Elias mgate \s^s cast a-w^y 

urcn that coast. [I'j^ri^ CTiJi. 11^ Td. CIT.. X:,. 75, (Tal.. |^. 60.J * 

>'cv. 11. 847. Idsts of nienilners ci Ccmndttees appointed by the Cotnidl 
Boand : among thezi the foI!o-«idng : — For Jamaica and Aigiers. 
Dic. -5. IccO- For Jamaica. Jiily S. 16«3L Fo^r the Plantations, 
July 4. l(?'oO. xrith additional members appointed. May it. 1661, 
S^pt. -5. 166i:, and Oct. il. 1663. For Jamaica, ab-ont instructions 
for government. July S. 1661. For the Gmnea trade^ Xov. f 0^ 1661. 
For the Koyal Company of Adventurers. Xo-v. f 5. 1 66^ For the 
Eshir.g in Xe'svfonndland. Tte i. 1663. To examine a proposal 
about preventing the running a'svay of p^erscns entertained [ibr the 
Plantations] upon p.retence thev were s-o^ir'tei iB-^'riu Chas, II.. 
r:l CIV.. Xo. 76. C;3J- j;'p. m-tS±i 

^ov. 13. 84S. license to John Bro-wn to cade -wfth fonr Scotch ships to 

the English eolories and Plantations, norsrithstandini: the late Act 
of Va^r^tiom [I*:-;.. C^a^. IL. Vd CIT.. Xc. S>. C^L p. 65.} 

y— 14 849. The L.rds Prorrletors of Carolina commission to Eobx. 

eo-uniy of Clarendon in the Provfnee afo.i^aii. the duities of -wtieii 
om-ces ane- set fo-rth : with such salary, fees, and p'^rqinisfrei as by them 
and their General Assemtlv of the said counrv shall be at-omted- 
i p. [i^jl. E-r- B^:.. X:. XX_ p. 17.: 

X:- 14. 850. Ambisssadcr Vazi Gogh to [the Secretary of the States 
Cij^et. Gensralh Has rtoeived their High Mightines=es' letters and res«:ila- 

ti:.ns of i4tL Oct. tmon the remonstrance of the West India Com- 
pany eomp-laining of the English, for TiiaVlTig themrselvcs masters at 
Xew Netherlands. AciKunt of another atidiiasce with the King last 
evening, in whii he repeated his former argtiments and ■desired 
redress, also repeating the reasc-nable of ers tO'waids the repazatiosi 
of damages pretended by the English. Eds Ma'esty added to what 
he had fo.rmerly said that he could als.: have brought a gr^^ter 

himsef^ inclinable to peace in all respects. Van Gogh assured his 
Maj^esty of their High "Mrghtinases" speeal and entire indinadon for 

the co.ntinuan£e of mutua. ~ood correst'ondence, and that all tcs- 



AMERICA AND WEST INDIES. 



sililc moans onglit to be used to rcinovc iliircrcnri's nnd prevent 
fiirtlicr iH'caclii's. His Majesty said hr knew not ^v1lai nujic to say, 
but that he li.'id <;iii-.' <1 liis answer to be (h-awn ujiin writing,', wbicli 
should be sent i" \'.iii < ^--h in a few days. His Majesty still siicmed 
to remain dissalisli.d w iih all that was said, but in i^'cncral iTfcn-cd 
to the answer to be given in writing. 4 /i/i. I'rliifrd in Ken' York 
Documents, III., 80,' 81. [Corrrspoml. JInl/,, »d.\ 

1GG4? 851. Alexander d'Hinoyossa [late Governor of the Delaware] to 

Col. Nicolls, Governor of New York. Acknowledges his veiy agree- 
able letter and his sorrow for his own loss. His Honour can console 
him therein by restoring his lost estate, which if the wi-it(!r coidd 
get back he would live under Nicolls' government on the same con- 
ditions as he had from the city of Amsterdam — to cultivate tlu^ land 
for their mutual jirofit, should this be more advantageous to his 
Honoui- and servicable for the South River than that the writci' 
should now quit. Answer should be sent to Ca|)t. Thos. Howell in 
Maryland, where the writer will remain two or tliree months. If 
Nicolls does not accept requests a letter to the Duke of York in 
order that he may apply to his Highrusss on the subject. Jhdrh, 
21 2W- Printed in Nev) York Documents, III., 82, 83. [Col. Fo/jin-H, 
Vol. XVIIL, Ko. 140.] 

1GG4. 852. Petition of Henry Chicheley, Edward Diggcs, .John .Jeffries, 

Nov. 16 ? and Francis Moryson to the King. In obedience to the orders of 
the Privy Council of .5th Oct. last, herewith present propositions 
which they conceive will conduce very much to the good of 
Vii-ginia. Pray for a speedy time to be ap]iointed for the heai-ing 
and determining of them. Annexed, 

Representation of the necessity of lessening the quantity of 
tobacco, and proposals for the effecting it. Indorsed, " Rcr' Nov 
1664." To[jeiher 3'pp. [Col. Papers, Vol. XVIIL, Noh. ] 4J , 14 1 i, j 

[Nov. 17.] 853. Wan-ant to pay Sir Thomas Modyford, Governor of 
Jamaica, 1,200?. towards transporting 1,000 passengers to Jamaica. 
Indorsed, l7th November 1064. [Dom., Chas. 11, Docrjuet.] 

Nov. 17. 854. Contract between the King of England and the Duke of 

Courland. The King grants to the Duke, his heirs and successors, 
liberty of trade for .ships belonging to hira.self or themselves, but not 
to .ships belonging to his .subjects, in any river or haven within his 
Majesty's dominions on the coast of Guinea, also in merchandise not 
exceeding the value of 12,000?. yearly, with power to build ware- 
houses under his Majesty's forts. In con.sideration whereof the 
Duke makes over to the King, his heirs and successoi-.s, the Fort of 
St. Andrews in Guinea, and all other his forts there, with warlike 
stores and instruments, and agrees to pay his Ma;jesty 3 per cent, on 
all goods imported or exported by him at said port.s. Ifis Majesty 
further gi-ants to the Duke, his heirs and successors, the island of 
Tobago, one of the Caribbee Island.s, on condition that he suffer not 
any but his own subjects or those of his Majesty to settle in said 
i.sland, who shall enjoy the same liberties, privileges, and iiumuni- 



256 COLONIAL PAPERS. 

1GG4. 

ties as the subjects of the Duke. And the Duke promises that no 
products of said island shall be imported or exported otherwise than 
into ports belonging to England and Courland or the port of 
Dantzic. And that whenever the King or his successors shall be 
engaged in war, except against the King of Poland, the Duke shall 
furnish a ship of 40 guns, to be manned and paid by his Majesty, 
but not for more than a year at a time. Latin and English trans- 
lation. Tivojyupers. [Col. Papers, Vol. XVIII., Xos. 142, 143.] 

Nov. 1 0. 855. The answer of Lord Baltimore to the paper exhibited on 
lljUi inst. to the Lords of the Privy Council by Sir Henry Chicheley, 
John Jeffries, Edward Digges, and Col. Francis Moryson, containing 
certain iiroposals for the lessening of the (]uantity of tobacco in 
Virginia and Maryland [sec ante, No. So2]. 3 pp. [Col. Papers, 
Vol. XVIIL, No. 144,] 

Nov. ir». 856. Order of Committee fur Foreign Plantations. That the 
Whiteh.iil. Farmers of the Customs appear at this Committee on the 24th inst., 
November (concerning the stinting of tobacco in Virginia and Mary- 
land). 1 p. [Col Papers, Vol. XVIIL, No. 14-5.] 

Nov. 111. 857. Col. Walter Slingsby to Williamson. Hemy Miller, boat- 
swain of the Elias, gives particulars of the taking of New Nether- 
lands ; after taking the place tliey went 40 leagues higher and took 
Fort Aurania, which they called Fort Albany ; Sir Robert Carr 
went to Dilloway and surprised another Dutch fort. The Elias 
foundered coming from Sandy Hook on the coast of New England 
140 leagues from shore. [Dom., Chas. 11, Vol. CV., No. 19, Cal, 
p. SO.] 

Nov. 1[). 858. H. P to John Knowles. The Quakers sentenced to 

banishment from Hertford to Barbadoes and Jamaica are returned ; 
the master of the ship certified that he had put them ashore by 
leason of disasters that had befallen him since their coming aboard, 
and for that he judged it contrary to the laws of England to trans- 
port men without tlieir consent. [Dom., Chas. 11, Vol. CV., No. 20, 
CaL, p. SO.] 

Nov. 21. 859. Captain Morris Williams to Sir Thos. Modyford. Has 
received his letter, and is willing to bring his prize into Port Roj'al, 
if security be given that it .shall be condemned to him, and wiU 
give up the English goods to Mr. Lidcott, on payment of freight. 

The Governor's Answer. Never was a ship condemned in the 
Admiralty Court until she was within its jurisdiction ; if he tmns 
rebel to please his men, he will find that princes have long arms ; 
and even if he obtains the King's pardon, the prosecution of the 
English merchants will never leave any of you out of gaols until 
they are satisfied. Has now said and promised all he can or dare, 
to preserve him in his allegiance. l|pjx [Col. Papers, Vol. XVIIL, 
No. 146.] 

Nov. 24. 860. The Lords Proprietors of Carolina Commission to John 
Vassall. Appointing him Surveyor-General of their coimty of Cla- 
rendon, by himself or deputy, the duties of which office are set forth ; 
with such salary, fees, and perquisites as by them and theii- Geneial 



AMERICA AND WEST INDIES. 257 



1664. 



Assembly of tlic said coiintv shall lie appointed. ', p. [Col Entry 
Bk.,Xo.'XX.,l'r. 17, 18.] 
Nov. 2.5. 861. The King to Francis Lord Willou,L;hliy, (!,ivrmov of the 
Whitehall. Caribbees. In this conjuncture of a war brt\\(Mii l-hi-land and the 
United Netherlands, his Majesty has granted tlic [sic df 'j'obago to 
the Duke of Courland, his heirs and successors, for the equal benefit 
of his Majesty's subjects and his own. Directs him and all under 
his command to perform all friendly offices to said Duke's subjects 
and officers. 1 j). [Burn. Entry Bh, Chas. II., Vol. XIV., f. 4-5.] 

Nov. 25. 862. Mem. in Sec. Sir H. Bennet's hand, for the Order in 
Council of this date, for the stinting of tobacco. That the limitation 
of planting the quantity of tobacco is inconvenient both to the 
Plantations and his Majesty's Customs. That limiting the time of 
ships to go or come from Virginia or Maryland will be incon- 
venient to the planters and to his Majesty's Customs. Encourage- 
ment to produce pitch, hemp, and tar. 1 j). \_Col. Papers, Vol. 
XVIII., Xo. 147.] 

Nov. 2-J. 863. Order of the King in Council. The hearing of the agents 

of Virginia and Lord Baltimore concerning the agreement of Com- 
missioners for lessening the quantity of tobacco, consultation with 
the Farmers of his Majesty's Customs thereon, and their report that 
there .should be no cessation, stint, or limitation imposed on the 
planting tobacco in Virginia or Maryland, nor any time limited for 
ships coming from either of those Plantations. Approving said report 
and directing accordingly, also that all hemp, pitch, and tar imported 
from thence of tlie manufacture or growth of those colonies should 
be custom free for five years. ^ JT- [Col. Papers, Vol. XVI 11., 
No. 148.] 

Nov. 2-5. 864. Order in Council, that notice be given in despatches to 
all foreign parts, and especially to the Plantations and factories in 
Africa and America, of the seizure made in England of all Dutch 
ships, and that letters thereof be speedily sent to Lord Willoughby 
of Parham, Sir Wm. Berkeley, Sir Thos. Modyford, and the Commis- 
sioners of New Enijland. [Boui., Chas. IL, Vol. CV., Ko. 83, Gal, 
p. 90.] 

Nov. 25. 865. Minutes of documents relating to Naval affairs. Order for 
all hemp, pitch, and tar from Virginia and Maryland to be custom 
free for five years, in order to encourage the planters to apply them- 
selves to commodities more beneficial than tobacco. [_Dom.., Chas. II., 
Vol. CVL, No. 99, Cal.,p. 114.] 

Nov. 29. 866. Circular letter from the King. Whereas his Majesty has 
granted licence for five years to Sir James Modyford to take all 
felons convicted in their circuits and at the Old Bailey, and after- 
M'ards reprioveil in order to transportation to Foreign Plantations, 
and to transmit them to Sir Thomas Modyford, Gov. of Jamaica ; 
his Majesty hereby requires them to afford all )-equisite aid to said 
Sir James Modyford in the execution of this licence. 1 p. [Dom. 
Entry BL, Chas. II., Vol. XIV., p. 40.] 



258 COLONIAL PAPERS. 



1G64. 
Nov. 30. 867. Circular letter from the King to Admirals, &c. Whereas 
his Majesty has gi-anted a Patent to John Browne and his heirs for 
setting up a work for refining sugar in Scotland, and whereas by 
a late Act for the encouragement of trade, all Scots ships seem to 
he excluded from trading with any Plantations belonging to his 
Majesty, by wdiich said John Browne should be wholly destroyed 
as to that so public an undertaking ; his Majesty grants to said 
John Browne licence for four Scots ships to have free trade with 
those Plantations, provided said ships return directly into Scotland 
or England. See ante, No. 848. 1 'p. [Dom. Entry Bk, Chas. II., 
Vol. XVI., 2:>p. 286, 287.] 

Nov. 30. 868. Declaration at a Council held at Boston, called by the 
Bostou. Governor, Capt. Googing, Mi-. RusseU, and Mr. Lousher. In answer 
to a letter to the Gov. and Council from Hemy Joslin, John Ai'ch- 
dale, Edward Rushworth, &c. on behalf of Ferdinando Gorges for 
the surrender of the Province of Maine to Gorges' or his Commis- 
sioners according to the King's letter of 11 June 1664 [see ante, 
No. 7-50]. That the lands contained in the coimty of York by 
them called the Province of Maine were and are claimed as part 
of the Patent granted to the Massachusetts which precedes that 
granted to Sir F. Gorges, and therefore the Council may not give 
up the interest of the Colony Avithout the consent of the General 
Court, who no doubt wiU be ready to attend the King's order to 
give his Majesty their reasons for their so claiming. They have 
good reason to believe the King has been misinformed concerning 
this matter, and that their messengers to him have been misre- 
presented or mistaken. They declare that no Commissioners from 
Gorges ought to exercise any government in Yorkshire or Province 
of Maine, but the inhabitants should yield obedience to the Massa- 
chusetts, who have the King's liberty to vindicate their right before 
any absolute injunction of sm-render, so that in case of any evils 
falling out by the interposition of said Commissioners, they must 
be made accountable for the same. 1 ^x Two copies. [Col. 
Papers, Vol. XVIII. , Nos. 149, 150.] 

Nov. ? 869. Petition of Capt. Richard Carr to the Kiug for relief and 

employment ; \vishes to send for his wife and childi-en from America, 
where they have suffered great hardships through his eight years' 
imprisonment in Spain. A tvarrant for lOOl., the King's free gift, 
to encourage Carr in his military arts and sciences, is dated 16 Nov. 
Entry Bk, XVII., 71. [Dom., Chas. II., Vol. CIV, No. 135, Cal., 
p. 74.] 
Dec. 1-28. 870. Instructions for the justices of the parishes in Jamaica. 

Dec. 2. — Form of the judge's oath, and warrant to Peter Pugh to 
administer same to Robert Byndlos, chief judge; and to William 
Beeston and Robert Corker, judges, at the Court of Common Pleas. 

Dec. 15. — The form of the coroner's oath and warrant to the Chief 
Judge of the precincts of St. Katherine's parish to administer the 
same to whoever .shall be chosen Coroner by the Freeholders. 

Dec. 28.— Orders and rules directing the jurisdiction, method, and 
forms of proceedings, in the courts settled for the several precincts 



AMERICA AND WEST INDIES. 259 



1664. 

and parishes within this island, set forth by the Governor and 
Council of Jamaica. 

Table of fees to be received at the inferior Courts, and by the 
Bailiff, Marshal, or Sheriff. 10 jyp. [Col Entry Bk, No. XXXIV., 
2^y. 04-104.] 

Dec. 2. 871. License of the Committee of the Admiralty. For the ship 

Whitehall, the Great Charles, freighted by Sir Robt. Yeamans with servants, 
provisions, and horses for Barbadoes, to be fi'ee from imprest. Signed 
by Duke of Albemarle, Lords Ashley and Jo. Berkeley, Sirs Henry 
Bennett, Edw. Nicholas, and John Nicholas. 1 p. [Col. Papers, 
Vol. XVIII., No. 1.51.] 

Dec. 7. 872. Order of the King in Council. Whereas Nich. Lucas, Hen- 

Whitehall. Feste, Hen. Marshall, Fras. Pryor, Jo. Blendall, Jeremiah Hearne, 
and Sam. Trehorne, con\dcted at Hertford, and sentenced to be ti-ans- 
ported to some of his Majesty's Plantations in the West Indies, were 
put on board the Anne of London, Thos. May, master, who set them 
on shore in the Downs to go whither they pleased. Ordered that 
said ship be seized on her return, and Thos. May sent for to answer 
his contempt and offence. 1 p. [Col. Papers, Vol. XVIII. , No. 
152.] 

Dec. ? 873. Petition of William Willoughby and James Halsall, his 

Majesty's servants, to the King. That they may have the manage- 
ment of collecting the King's moiety of the I'evenue of the Caribbee 
Islands, which by an Order in Coimcil [of 13th Jime 1663, see No. 
482] is designed to pay off the late Earl of Carlisle's debts. Offer to 
do so upon his Majesty receiving an annual rent of the same value 
as the past year, " of as full profit as can be hoped to be made of a 
declining plantation as that of the Barbadoes apparently is," and 
whicli cannot reasonably be expected to improve. Rough draft, in 
the li'i ml ir/it'mii of Williamson, fidl of corrections. ^ pp. [Col. 

P<il„r.. V,J. xvni.,No.\o^:\ 

Dec. 13. 874. Petition of Wm. Willoughby and James Halsall, "who 

desire to ascertain and be accountable for his Majesty's revenue in 
the Barbadoes, &c." Referred to the Earl of Southampton, Lord 
High Treasurer of England, to consider and report to his Majesty, 
i p. [Dom., Entry Bk, Chas. II., Vol XVIII, p. 104.] 

Dec. 13. 875. Presentments and requests of the Grand Jury, viz., Jeremy 
Barbadoes. Taylor, for presuming to marry without a license or being in orders ; 
the inhabitants of St. Michael's for not keeping their bridges in 
good repair ; sundry small houses for selling rum ; the insufficiency 
of the Act for repairing the highways, and request that the justices 
of the peace may have power therein ; Anne Pace, spinster, for 
having a bastard child, and Robt. Tothill for frequently accompany- 
ing her ; Robt. Inman for notorious ill behaviour ; John Fenwick, 
Provost-Marshal, for taking prisoners out of the common jail and 
sending them to work on his plantations ; thanks to Lord Wil- 
loughby for the safety of the island, as liy his ordinance of 12th 
Oct. 1664. Request that the quarter sessions may be kept only at 

R 2 



260 COLONIAL PAPERS. 



St. Michaels and Spikes, that no alien or foreigner be allowed to 
keep an_y house of entertainment ; that none of his Majesty's free- 
born subjects residing in Barbadoes be permitted to keep in their 
houses -vvithin any town more negroes than Chi-istian servants ; that 
no alien be allowed to keep any negro, by which there will be more 
employment for his Majesty's 'free-born subjects ; that four or live 
troops of dragoons be formed out of the miUtia ; that the abuses of 
the under officers in levying the customs be redressed ; that the 
arms which lie useless at St. Lucia be brought back for safety ; that 
for the future there be no ]-)Ost office for letters in the island, for that 
many inconveniences and abuses are incident to it. And that these 
presentments and requests may receive more attention than those 
made formerly by grand juries to other Governors. Signed hy Robt. 
Hooper. Certified copy dated 5th July 1GG5. 2 /)». \ Col. Papers, 
VulXVIII.,Xo.l5^.] 

Dec. 14. 876. Capt. Sam. Carrington to the King. Can destroy by fire- 
Madrid, works any vessel in half an hour either under or above water. 
Will want a safe conduct to England, owing to debts of 3,000/., 
incurred through losses in his Majesty's service in Barbadoes and 
the Caribbees in 1650, and in Gambia with Prince Rupert in 1G52. 
IDom., Chas. II., Vol. CVI, Ko. S6, Cal, p. 112.] 

Dec. -20. 877. Wm. Jones to [Sec. lifomce]. At a meeting of the deputies 
[Newhaven.] of this colony [of Newhaven], it was agreed to inform [Sec. 
Morrice] by letter of the injuries the colony suffered from the Dutch 
at Delaware Bay about 14 years ago, being violently repulsed out 
of their just pm-chase and possession there, and their trading house 
pillaged and burnt. Two or three years afterwards a new attempt 
was made, and sundry persons were* imprisoned by the Dutch. The 
Indians of whom they purchased the land still own the right and 
much desire the coming of the English. Humbly desires that their 
just claim to the premises, when more fully presented, may be ad- 
mitted. Printed in New York Documents, III., 82. 1 v. \Col. 
Papers, Vol. XVIII., Xo. 155.] 

Dec. 20. 878. Samuel Mavericke to Col. Nicolls. Col. Cartwright and 
Boston, Mavericke parted at Rhode bsland, whence he sent him an account 
of their quick passage. Intended to have given a visit to the 
Governor of Plymouth, but finding no tract, he came straight 
hither, where is also Col. Cartwright KnoAvs not as yet how the 
people stand affected, but shall by degrees find out, and to that 
purjiose intends going to Salem, and as the weather proves, ])ossibly 
to Piscataqua. Beseeches him to hasten away Sir Robt. Carr, and 
send them instructions for their proceedings. Finds it will be 
necessary that all capable of being freemen have notice to appear, as 
the election is about the begimmK'- of Mav 1 » I Col. Papers, 
Vol. XVIII., Xo. 156.] 

Dec. 28. 879. A particular of ordnance, arms, powder, shot, and other 
tilings sent to Barbadoes per the .ship John and Thomas, in order 
to the planting and settling of Port Royal, total cost 284?. I2s. 3(/. 
Also invoice of 100 firelocks at 10*\ each sent at same time, to be 



AMERICA AND WEST INDIES. 261 



IGG4. 

sold to such persons as shall desire to go to Carolina Init want arms. 
1^ pp. [Col. Entry BL, No. XX., end of Volume.] 

880. Form of a Commission from Sir Thos. Modyford, Governor 
of Jamaica, for the Surveyor-General of Jamaica, with the form of 
oath to be taken, and of the bond of 100/. to be entered into for the 
faithful discharge of said office. Ivdorsed, 1G64. 2 j»^). [Col. 
Papers, Vol. XVIII., No. 157.] 

[1GG4.] 881. Mem. that Lord Willoughby before his departure last year 

as Governor of Barbadoes, was empowered to lay a new custom of 
4^ per cent, upon the sugars of the island, and one half was granted 
to the Governor, but as he receives it all, no account has been 
received by the Exchequer " nor ever will ):)e." [Col. Paper,i, Vol. 
XVIII. No. 158.] 

1GG4. 882. Twenty-seven Acts passed by the Governoi", Council, and 

Jamaica. Assembly of Jamaica, viz. — 1 . An Act against excessive usiuy. 2. 
For the good governing of servants and ordaining the rights between 
masters and servants. 3. For foreign attachments. 4. Requiring the 
inrollment of deeds. 5. Rating meat sold by retail. 6. Empowering 
any freeholders to plead their own cause. 7. For the better main- 
tenance of the ministry. 8. Declaring war against the outlying 
Spanish negroes, imless they submit to the Government. 9. Concern- 
ing the court-house. 10, 12. For regulating of the freight of boats, 
wherries, and other vessels and their owners and employers. 11. 
For the better ordering and governing of negxo slaves. 13. To 
prohibit transportation of several commodities out of this island in 
a plantable and growing condition. 14. For preventing of retailing 
of strong liquors by all unlicensed person.s. 15. An additional Act 
for the speedy raising of a public treasury in this island. IG. For 
the encouraging of the produce and manufacture of this island, &c. 
17. Against tippling, cursing, and swearing. 18. For dividing- 
Jamaica into several parishes and precincts. 19. For regulating 
hunters. 20. Authorising his Majesty's justices of the peace within 
this island to take cogmizance of and decide all pleas and difl'erences 
betwixt person and person, not exceeding the value of 40s., &c. 
21. Appointing rates for the goods of this island. 22. For regu- 
lating the fees of the several offices of this island. 23. For the 
raising of a public revenue out of all strong liquors imported or to 
be imported into this island and for the disposal thereof. 24. Em- 
powering the Secretary of this island to take sufficient security of 
every master of a ship or vessel and other persons that depart this 
island. 25. Declaring the laws of England in force in this island. 
2G. Requiring the speedy survey of and taking out of patents for 
the several proportions and allotments of land to the respective 
inhabitants of the island, together with the regulating fees for the 
broad seal of the same ; as also for exjDediting the improvement of 
the said lands. An Act for the better amending and keeping 
clean the common highways and known broad paths within this 
island, leading to church and market, and for laying out new 
highways, and turning old ones where it shall be needful. 27. 
Declaring the proceedings of the Assembly convened by the Deputy 



262 COLONIAL PAPERS. 

16(34. 

Governor Sir Chas. Lyttelton, Kjiight, null and void in law. 54 ^rp. 
[Col. Entry Bh, No. XXXVIl., pp 55-81.] 

16(34. 883. All Act for settling an impost (4^ per cent,) on the com- 

Nevis. modities of the growth of this island." 3 pp. \Col. Entry Bh., 
No. XLIX., pp. 6-8.] 

1664. 884. Copy of the preceding Act printed in the " Acts of Assembly 

Nevis. passed in the island of Nevis from 1664 to 1739 inclusive. London, 

1740." Tlie second Act printed in this volume is dated 1680. 

[Col. Entry Bh., No. LVIL, pp. 1-3.] 

1664? 885. R[ich.] N[icoUs], [Sir] E[obt.] C[arr], and S[amuel] 

M[averick] to Edward Rawson. Request him to deliver the enclosed 
letter to the Governor and Assistants of the Massachusetts so that 
they may have a full and sjieedy answer thereto, wliich they request 
may be delivered to Samuel Maverick. 1 p. [Col. Fapers, Vol. 
XVIII., No. 159.] 

1664. 886. Admii-alty papers of the year; among them is a list of tenders 

of goods addressed to Navy Commissioners ; in this list is a tender, 
dated July 28th, by Sir Wm. Warren, of New England masts, 33 to 
35 inches diameter, at 9oZ. to 115?. per mast. \I)om., Chas. II., Vol. 
CVIIL, Cat, p. 131.] 

1664 ? 887. " The state of the case concerning om- title to Sta. Lucia." 

1. By the law of nations the island is judged to belong to the first 
possessors. So the title will be properly a question of fact and not 
of law, viz. : "^Tiether we oi- the French did lii-st possess that 
island, for a single discovery or knowledge that there was such 
an island, gives no more right to it than the seeing a bnd or wild 
beast makes it ours ; there is required an actual possessing. 2. By 
Commission granted to [Thos.] Warner in 1626, who, at the expense 
of Ralph Merrifield, first made discovery of them, it is evident 
he had the propriety of St. Christopher's, Nevis, Montserat, and 
Barbadoes, by name of all islands by him discovered near adjoining, 
and not in the possession of any Christian Prince ; and Sta. Lucia is 
next adjoining to Barbadoes, so that sufficiently confir-ms our title, 
provided we make clear proof of oui- fii'st discovery. 3. By Letters 
Patent of 3rd Jvily, 3 Car. I. (1627), tliis island by name amongst 
many others was gi-anted to the Earl of Carlisle, and all others 
within 20° N. lat. 4. The first actual possession, the English appear 
to have taken of it, was in 1638, when Warner, who was content to 
be Governor under Lord Carlisle's Patent, granted a commission to 
one Capt. Judlee of St. Christopher's to settle it ; who accordingly 
settled it with three or four hundred men, and kept the same, till 
for want of supplies and being continually infested by the Indians, 
abetted by the French, who were said to go naked among them and 
paint themselves as the Indians do, the English were forced from 
the island in 1641 ; their Governor being first killed. The island re- 
mained for several years impossessed by any but Indians, till in 1652, 
a little before Lord Willoughby arrived in Barbadoes, a treaty was 
commenced between some inhabitants of Baa-badoes and the Indians 
of Sta. Lucia and adjacent isles ; notice whereof being taken by the 



AMERICA AKD WEST INDIES. 263 



French of Martinico, they put over la or 16 persons, who remained 
there, not planting any settlement, but only for a pretence to make 
a claim to the island. Draft in Williamson's handwriting, see ante, 
Kos. 581, 582. 2i jj/^ [Col. Papers, Vol. XVIII., No. 160.] 

16G4 ? 888. Fair copy of the preceding, with one or two corrections and 

additions by Williamson, who has endorsed it, Sta. Lucia : Om- title. 
2 pp. and 2 lines. [Col. Papers, Vol. XVIII., No. 161.] 
1064 ? 889. Copy of the preceding. \_Col. Papers, Vol. XVIII, No. 162.] 

1604 ? 890. "The state of the case, setting forth the King's right and 

title to the island of S*^ Lucea, and all the rest of the Caribbee 
Islands." This is almost a copy of paragTaphs two, three, and four 
of the preceding paper. 2 pp. Tivo copies. [Col. Papers, Vol. 
XVIII, Nos. 163, 164.] 

1064. 891. " The French pretences to Sta. Lucia." 1. It is said by the 

French, that in 1626 certain Frenchmen obtained a commission from 
Cardinal Richelieu to plant St. Christopher's and neighbour islands. 
Whether this island was in the number appears not, but be it in the 
grant or not the title ariseth from actual possession. 2. This grant 
was confirmed to the Company des Isles d I'Amerique by Letters 
Patent of March 1642, of all islands between 10' and 30" N. lat., 
not possessed by any Prince or State Christian, or belonging to 
enemies of France, or possessed by French mthout commission. 
3. In 1650 the Siem- de Beringer and Desloynes, by a power of the 
Company, sold their right, Sept. 22, to Mai-tinique, Grenade, Grena- 
dine, and St. Alousie, for 41,500 livres Tom-nois, to the Sr. du 
Parquet (Jaques Diel) [see ante, No. 568] ; Governor des Isles de la 
Martinique by Letters Patent, Oct. 1651. 4. In 1663 it is said 
that the right to those islands was fallen to diflerent persons. Guada- 
loupe and Mary Galande [Marigalaute] belonged to the Sieurs Houet 
and Boisseret (Madame Houet is alive, 1664J, Martinique and Sta. 
Lucia were in the heirs of the Sr. du Parquet, Grenada and Grena- 
dines in the Sieur Cerillac and his heirs. But the French King 
minding to reunite these broken interests in himself, or to give the 
whole to a West India Company now to be erected, in which he 
himself goes one tenth, constitutes D'Haligne, Colbert, and De Seve 
to examine all titles of pretenders to the islands, and agree with 
them for their respective interests. " What was the issue of this is 
worth the inquiring into, he being in a condition to make any 
title valid, when it comes to be his own." Immediately upon this 
transaction, viz., in March 1664, the Sr. de Tracy was dispatched 
from La Rochelle, with seven ships and near 1,500 passengers and 
soldiers, to recover and assert the French title as well to these 
islands, as to La Cayenne and Canada. Draft full of corrections by 
Williamson. ^ pp. [Col. Papers, Vol. XVIII, No. 165.] 

1664. 892. Fail- copy of the precedmg, indorsed by Williamson, The 

French pretences to Sta. Lucia. 24 pp. [Col, Papers, Vol. XVIII, 
No. 166.] 

1664. 893. Another copy of the above. 2i p2). [Col. Papers, Vol. 

XVIII, No. 167.] 



264 COLONIAL PAPERS. 



IGGi ( 894. Notes in the handwriting of Williamson relating to the 

West Indies. Providence Island, heretofore called Cateline Island, 
was in the English till 1G40, when the Spaniards took it. Tortuga, 
afterwards called Association Island, first " habituated " by certain 
English noblemen in 1G29, but in 16.3-1 the Spaniards beat them 
out. Sta. Cruz, an English island till 16-51, when the Spaniards 
beat them out, Nich. Phelips being Go\-ernor. 1 p. [C'ol. Papers, 
Vol. XVIIL, Xo. 16S.] 

16G-i ? 895. Notes by Williamson, relating to the West Indies. Bar- 

badoes : — My Lord to move next Council day for a Committee to 
report whether several Acts from the islands for the imposition of 
4| per cent., and one for revoking the state in Antigua, are fit to have 
the King's confirmation. Petitions from the Leeward Islands ; — by a 
letter from the King to intimate to L(ord) W(Llloughby) that the King 
wiU connive at it, though he thinks it not fit to give any privy 
dispensation in it. That the season for defending Sta. Lucia will be 
here ere long, which his Majesty will take care to do, and his 
Lordsliip must in the meantime make his own party as good as he 
can : that a ship either is or shall be shortly sent, but the paying of 
her cannot be taken up on that fund, being otherwise assigned, and 
out of the King's power. To have such permission of christening the 
regiuRiit, pro\ i(l(jd it cost no money; though its a hard chapter to 
be at (xii.ns,. tV'.ui here upon the Plantations, yet it may be recom- 
mended by my Lord to the King to send 1,000 muskets. Designs 
upon the Dutch ; the condition of things being now difi'erent, his 
Lordship is to preserve himself as he is, till his Majesty's afiairs suff"er 
him to take further thoughts in it. Indorsed, Plantacons, Barba- 
does, Jamaica. Sr. Rich. Fanshaw. Resolucons taken with my 
Lord Chancellor. 1] j'l'- [Col Papers, Vol. XVIIL, Xo. 169.] 

896. Petition of Gregory De La Croix to Loid Willoughby, 
General of the English West India Islands. Sent for England 
about Easter last by order of his Excellency, he transported himself 
as far as the fleet would go, namely, to Ireland, where he was 
accused of being a Jesuit and a spy, and forced to stay there four 
months in great want. These ships commg for the West Indies he 
was forced to beg a pass of the Governor for Antigua and Barbuda, 
where petitioner has some acres of land, which pass the Governor 
granted, as he knew petitioner " was never nor a Jesuit nor a spy," 
and that he had been one of the Queen Mother's servants. Prays 
leave to gather his things, and then to live at Antigua, where he 
promises to serve the public in matters of physic. Draft full of 
rorreetions. 2 pix [Col. Papers, Vol. XVIIL, Xo. 170.] 

1664 to 1671. 897. Accounts of the revenue of Jamaica and disbursements, 
extracted from the books of accounts of Governor Sir Thos. Mody- 
ford, which books were duly kept by way of debtor and creditor, 
after the Italian manner, arranged under the several heads of the 
King's particular account : Annnunition account ; Ale-house impost ; 
Escheats belonging to the King ; Fifteenths of prizes to his Majesty ; 
Quit rents ; Storehouses at Port Royal. 31^)^). [Col. Entry BL, 



Quit rents ; Storehouses at Port Royal. 
Xo. XXVI I., pp. 138-168.] 



AMERICA AND WEST INDIES. 265 



l(](Utol072. 898. " Extract of all his Majestys despatches to the Plantations, 
from IGG-t to 1G72. Earl of Arlington, Secretary." Being a table 
of contents of three books containing the King's letters, commis- 
sions, and instructions to his Majesty's Plantations. Indorsed as 
above, (ii 'pp. [Col. Papers, Vol. XVIIL, No. 171.] 

1GG.5. 899. Answer of tlie General Court of the Massachusetts Colony 

to the petition of FerdinanJo Gorges and several others of the Pro- 
vince of Maine and Laconia, complaining of them for seizing their 
lands and subverting their ancient government, they refusing to take 
the engagement to be true to the Commonwealth without King and 
House of Lords, whereas the petitioners had, in obedience to Acts 
of Parliament, 1G48, as they call them, taken it and advised the 
honourable State of it. In the bc^iiming of their great inidertaking 
the Massachusetts was hind, ivd IVoiu laying claim to the utmost 
extent of their limits, especially to the northward, yet they never set 
up their bounds three miles east of Merrimack as the petition men- 
tions, but have always asserted the same limits they now claim. 
Patents of tracts of land within the limits granted to the Massachu- 
setts procured by several persons. Action of the inhabitants of 
Piscataqua and their desire to be governed by the Massachusetts, 
which accordingly was done, and so have they continued in peace. 
All just possessions and empowerments shall be confirmed to the 
true Proprietors, as with the rest of the inhabitants that have 
been under their government from the beginning. Several scattered 
inhabitants who live more easterly have offered themselves to the 
Massachusetts, who are slow to accept them, because without their 
limits, Winthrop, Dudley, and others, long since before their limits 
were exactly known, seemed to own those for distinctive govern- 
ments, which in truth were none, but included in the Massachusetts, 
as on the running of their line appeared. It is desired that they 
may have notice of any complaints relating to bounds before any 
determination be made in the case, o pp. Two copifs. \f'ol Papers 
Vol. XIX., Xos. 1, 2.] 

[.Jan. 1.] 900. Petition of Sir Robert Yeanians, Knt., to the Committee of 
the Privy Council for the affairs of the Admiralty and Navy. That 
in the absence of the Duke of York, petitioner applied for license 
and protection of the Great Charles, of Bristol, with 30 mariners, 
bound to Barbadoes, which was granted. Said ship was thereupon 
prepared for that voyage ; but before this could be perfected the 
present embargo came out. Prays for license to proceed on his 
voyage, and for protection for his mariners. Indorsed, 1 Jan 1GG4-.J 
1 p. [Col Papers, Vol. XIX., Xo. 3.] 

Jan. 901. Petition of Qiristopher Cary and Company to same Com- 

mittee. Had ]n-epared the Walsingham, Edward Gibbs, master, with 
■25 men, to carry commodities to Barbadoes much wanting there, 
hoping to proceed notwithstanding the embargo. Prays for'license 
to proceed and for protection. Indorsed, Jany. 16G4-.5. 1 » [Col 
Papers, Vol. XIX., Xo. 4^.] 



16 COLONIAL PAPERS. 

1665. 

Jan. 2. 902. Petition of the Royal African Company to the King. Having 

been established two years ago, raised a joint stock of 120,000?., and 
sent abroad 1 -58,000?. worth of manufactures in English ships ; have 
increased the stock and taken up money on credit ; present effects now 
worth 273,807/. 2s. 6d. ; but the Dutch under De Ruyter have 
already taken 50,000?., and further loss of 125,912?. now on the 
coast of Africa is possible ; hence the Company's credit is falhng. 
Pray therefore that Major Holmes' Dutch prizes may be made over 
to them, seeing that De Ruyter declares his acts have been done in 
compensation for losses iniiicted by Holmes ; also that some way or 
means may be found to support this Royal Company, their trade 
being of more public honour, interest, and advantage than any other 
experimented in any part of the world, for they constantly employ 
above 100 sail of good ships yeaiiy, and return at least two to three 
hundred thousand pounds in gold per annum to the Mint, in lieu of 
English and naturalized East Indian commodities for the most part, 
and moreover supply the American Plantations with negro servants ; 
if the Company cannot continue to do this, the Plantations will either 
be useless or must take their slaves from the Dutch, which will utterly 
divert English shipping from those parts. [Dora., Chas. II., Vol. CX., 
No. 10, Cal,2). 159.] 

1665. 903. Brief narrative of the trade and present condition of the 

Royal African Company. Since their incorporation on 20 Jan. 1663 
tlaey have liberally supplied the whole coast from Gambia to Cape 
Lopez with goods, value 158,000?., which was more than their pre- 
decessors sent out in five years, and have procured so much respect 
of all the negro kings and people, that notwithstanding the machi- 
nations of the Hollanders, they have settled, by consent of the 
natives, in one year these factories, and fortified most of them ; on 
the north coast, at Poriadally, GoaUy, Trevisco, Gambia, Rio Nunes, 
Rio Grande, Sierra Leon, Cerborow, Cestos, and other adjacent parts 
on the Gold Coast, from whence they may expect a yearly return to 
the value of 100,000?. in elephants' teeth, wax, hides, dyeing wood, 
Guinea grain, and other very useful commodities ; and on the Gold 
Coast and this side the Bight, at Anashan, Anta, Cantoucory, 
C^ormantin, Cape Corso, Wyamba, Acra, Ardra, and Benin, from 
which they might have expected, if they had not been disturbed by 
the Ruyter, to the value of 200,000?. in gold, and above 100,000?. in 
servants for the Plantations. Besides a trade at Old and New 
Calabar, which would have supplied a contract they have with the 
Spaniards for 3,500 negroes yearly, that will bring into this kingdom 
86,000?. in Spanish silver per aimum. The whole trade would pro- 
duce greater profit than any other managed by his Majesty's sub- 
jects ; which induced them to enlarge their stock from 17,000?. to 
120,000?., and take up 100,000?. on credit; which they might infal- 
libly have stood clear in had not the Ruyter gone in revenge of 
what was done by Major Holmes, and found so easy a conquest 
at Goree Island. But now their credit is extinct, their stock being 
in Africa, and they throw themselves at his Majesty's feet, not 
doubting he will provide for their support m asserting a commerce 



AMERICA AND WEST INDIES. 267 



1G05. 

so profitable and necessary for his dominions. Indorsed hy William- 
son, Gmnea Comp., 1GG4-5. 2^^ 2^P- {.^ol- Papers, Vol. XIX., Xo. 5. 
A copy is also in Bom., Chas. II., Vol. OX., No. 11, Gal., p. 160.] 

Jan. 7. 904. Articles of agi-eement between the Lords Proprietors of 

Carolina and Major William Yeamans of Barbadoes for and on 
behalf of Sir John Yeamans, his father. Col. Edmund Keade, Symon 
Lambert, Nicholas Edwards, Robert Gibbs, Samuel Tidcombe, Henry 
Milles, Thos. Lake, Thos. Maycocke, John Somerhayes, Bartholomew 
Rees, John Gibbs, Basil Gibbs, John Dickenson, Thos. Gibbs, Ben, 
Rees, Miles Scottow, Nath. Meavericke, Barth. Rees, junr., John 
Shaftesbury Ai'thur, Sam. Smith, Thos. Partrige, John Walice, John Brent, John 
apfi>. Godfrey, Geo. Thompson, Robt. Williams, Law. Halsted, Wm. Surges, 
John Tothill, James Thorpe, Robt. Tothill, Wm. Forster, Thos. Mer- 
ricke, John Merricke, Geo. Phillips, Edw. Jacob, Robt. Hackett, Benj. 
Waddon, Robt. Joluiston, Thos. Dickes, Thos. Clutterbooke, John 
Forster, Wm. Sharpe, John Ham, John Start, Mathew Grey, John 
Kerie, Richard Baily, Edward Thomeburgh, Thos. Liston, Ajithony 
Long, Thos. Norvill, Giles Hall, Jas. Norvill, Wm. Woodehouse, 
Jacob Scantlebuiy, Sam. Lambart, John Forster, Wm. Byrdall, Rich. 
Barrett, Edward Yeamans, John Killicott, Isaac Lovell, Thos. Clarke, 
John Woodes, John Bellomy, John Greenesmith, Robt. Brevitir, 
Thos. Dowden, Nic. Browne, John Wilson, Robt. Siuckler, Thos. 
Perkins, Jas. Thorpe, Robt. Richardes, Benj. Hadlut, Christopher 
Goupher, Jas. Walter, Jas. Hayden, senr., Wm. Birdall, Mordecai 
Bouden, junr., George Nore, Hump. Waterman, and himself adven- 
turers to and settlers of some part of the Province aforesaid, and 
of all others that shall adventure, settle, and plant there. Whereas 
Major William Yeamans is employed to the said Lords Proprietors 
by the persons above mentioned as their agent to treat and agree 
upon in relation to the settlement of Carolina. It is hereby agreed 
that said Lords Proprietors, their heirs and assigns, perform afl the 
concessions and agreements hereto annexed, containing the manner of 
government, with the immimities and privileges granted to all who shall 
plant or are already planted in the respective counties or colonies in 
the said Province of Carolina. Said Lords Proprietors f irrther cove- 
nant to have shipped before 1st Feb. next 12 pieces of ordnance, with 
ammunition, &c., for arming and providing a fort to be erected 
near Port Royal. Also to grant to every adventurer of Barbadoes 
and their associates of England, New England, the Leeward Islands, 
and Barmothos five himdred acres of land for every thousand pounds 
of sugar subscribed and paid within forty days after notice of this 
in Barbadoes and other places to the Treasurers appointed by said 
adventm'ers, said grant of laud to be taken up and settled within 
five years after the date hereof and payment to be made of Id. 
per acre yearly. Also to make further gTants of one hundred and 
fifty acres to every one that will sail with Col. John Yeamans in 
the first fleet to Carolina. Maj. Wm. Yeamans covenants on behalf 
of his father, Sir John Yeamans, and of Col. Edmund Reade and 
all the adventurers before named, to perform all the particulars in 
said concessions and agreement hereto annexed, and to provide 
before -SOth Sept. next two ships of 120 tons each, with ordnance, 



268 COLONIAL PAPERS. 

1005. 

&c. for the transportation of such persons as cannot pay their own 
passage to the southward of Cape Romania, there to settle antl 
plant and erect a fort with the artillery sent by said Lords Pro- 
prietors for the retreat and preservation of the first settlers and 
of those that shall follow. In witness whereof, Major Wm. Yea- 
mans hath set his hand and seal [the seal wanting]. Annexed, 
904. I. The Concessions and Agreement of the Lords Proprietors of 
Carolina Avith the adventurers of Barbadoes and their asso- 
ciates of England, New England, the Caribbee Islands, and 
Bermudas to the Province of Carolina, and all that shall 
plant there, in order to the settlmg and planting of the 
covmty of Clarendon, the county of Albemarle, and the 
county [hktnl-], which latter is to be to the southward 

or westward of Cape Romania, all within said Province. 
These describe very fully the manner of government, the 
powers of the Assembly, the law courts to be established, 
and the oflicers, civil and military, to be appointed. Also 
I'ules for the better security of the proprieties of all the 
inhabitants, for the more speedily promoting the planting 
of the counties aforesaid, and that the lands may be the 
more regularly laid out and all persons the better ascer- 
tained of their titles and possessions. Indorsed, " Sealed 
and delivered in the presence of us, Jo. Per3rn and Tho. 
Walker." Togetlwr 4 skins of imrchment. [Shaftesbury 
Papers, Section IX., No. 3.] 

Jan. 7. 905. Mem. of agreement between the Lords Proprietors of Caro- 

lina. That the part about to be settled to the southward and west- 
ward of Cape Romania be a distinct government from the county of 
Clarendon, which is under the government of Sir John Yeamans, 
and that there be a distinct Deputy Governor for the present ; that 
it be called the county of Craven ; and that as soon as it shall be con- 
veniently settled there be a distinct Governor commissionated to 
govern there. I p. [Col. Entry Bl:, No. XX., j)- 22.] 

16G.5 ? 906. Mem, To speak to one of the Secretaries to jDrocure the 

King's warrant to the Commissioners of Ordnance for issuing 1 2 iron 
guns, which his Majesty has gTanted to the Lord Chancellor, Lord 
General, and others for Carolina, i p. [Col. Papers, Vol. XIX., 
No. C] 

Jan. 7. 907. Ordt-r of the Lords Proprietors of Carolina to Sir Jno. 

riolleton. To ship 1 2 pieces of ordnance given by the King, for Barba- 
does ; and to cause carriages, bullets, shot, ladles, sponges, matches, &c. 
to be provided for said ordnance, with 20 barrels of powder and 200 
muskets, with lead bullets, shot, match, and bandaliers. -.V 2^- [Col. 
EntryBL,No.XX.,2). 20.] 

Jan. 7. 908. The Lords Proprietors of Carolina to Mr. Drummond. Their 

Cockpit, last was by Peter Carteret, accompanying his commission and instruc- 
tions for the Government of the county of Albemarle, which they 
confined to 40 miles square or 40 square miles, which should have 
been 1,G00 square miles, of which he is to take notice and l)Ound the 



AMERICA AND WEST INDIES. 269 

1G6.5. 

county accol•cUnglJ^ If it be not enougli to comprehend all the 
Plantations already luider that Government, they can soon enlarge 
the bounds if there be reason for it. { p. {Col Entry Bk., Xo. XX., 
p. 22.] 

Jan. 7. 909. Certificate by eight of the crew of the Mary Fortime of 

Bristol. On December 6 three Quakers were brought to their ship 
for transportation, but they durst not carry away innocent persons, 
who walk in the fear of the Lord ; are persuaded the King does not 
wish to make void the Act that Englishmen shall not be carried 
abroad without their consents ; moreover, these men are bound by 
no indenture or agreement for their passage ; and there is a law in 
Barbadoes that whosoever brings thither any persons against their 
wills, and not being bound by indenture, shall be liable to such 
penalties as the law may inflict, and also shall be forced to bring 
them back to their habitations ; have therefore put these men on 
.shore again. [Dora., CJias. II., Vol. CX., Xo. 42, Cal, p. 164.] 

Jan. !J. 910- Warrant to the Attorney-General. [To prepare a bill to pass 

the Great Seal] authorising the Duke of York, High Admiral of 
England, Virginia, &c., to grant commissions to the Governors, Vice- 
Admirals, and others of his Majesty's Foreign Plantations as to him 
shall seem meet, empowering them to grant letters of marque for 
apprehending and seizing ships and goods belonging to the States 
General of the United Provinces or their subjects, and bring them to 
judgment according to the laws of nations, and the same being con- 
demned to dispose of them as in such case has been accustomed. 
With proviso for security as is usual in such cases. 1 p. [Dom. Entry 
Bl:, Chas. II., Vol XVi.,pp. 319, 320.] 

Jan. 11. 911, The Lords Proprietors of Carolina Commission to Sir Jno. 
Yeamans. Appointing him during pleasure Governor of their county 
of Clarendon, near Cape Fair, and of all that tract southerly as far as 
the river St. Matthias, and west as far as the South Seas, with 
power to appoint 12 able men at most, and six at least, to be of his 
Council, unless the Lords Proprietors have before made choice of all 
or any of them ; he is also appointed Lieut.-General of all forces to 
be raised in said county. | p. [Col Entry Bl:, Xo. XX., p. IS.] 

Jan. 11. 912. The Lords Proprietors of Carolina to Sir Jno. Yeamans. 
Cockpit. Having received a good character of his abilities and loyalty from 
Sir Jno. Colleton, with an assurance that he will vigorously attempt 
the settling of a colony to the southward of Cape Romania, they have 
prevailed with his Majesty to confer the honour of a knight baronet 
upon him and his heirs, and by their commission which goes by his 
son, have made him their Lieut.-General and Governor of that part 
of Carolina. In their agi-eement with his son they have endeavoured 
to comprehend all interests, especially that of New England, whence 
the greatest stock of people will in probability come ; wherefore they 
advise him to contrive all means to get those people to join with 
him, ,so keeping those in the King's dominions that either cannot or 
will not submit to the Government of the Church of England. As 
for the 0,000 acres by him desired, they oblige themselves to grant 



270 COLONIAL PAPERS. 

166-5. 

the same, to be by him taken to the southward or westward of Cape 
Romania, but to avoid coming too near the home lots, the whole to 
be taken up and bounded within three years, and he paying one 
halfpenny per acre yearly, fi-om March 25, 1670; 1,500 acres is 
likewise granted to his .friend Capt. Will. Merricke, upon the same 
terms. Wish him good success in his intended voyage and under- 
takings. I p. [Col. Entry Bk., No. XX., pp. 21, 22.] 

-Jan. ? 913. Commission from the Lords Proprietors of Carolina to Sir 

Jno. Yeamans, Governor of the County of Clarendon, &c., and his 
Council. To convey lands with the same conditions and limitations 
as the Lords Proprietors by their Concessions under their great seal, 
are obliged to grant to the adventurers of Bai-badoes and their 
associates of England, New England, Carribia Islands, and Barmothos, 
and as they shall be directed from time to time, reserving one half- 
jjenny per acre yearly, fi-om 25th March 1670. With power to do 
all acts which the Lords Proprietors themselves might do, relating 
to the Government, provided no law be in force longer than one 
year and a half and be transmitted to the Lords Proprietors ^vithin 
one year for their assent. Also with power to the Governor and 
Council to appoint persons to supply their places until the Lords 
Proprietors' pleasure be signified. \h pp. [Col. Entry Bh., No. XX., 
-pp. 19-20.] 

Jan. 11. 914. The Lords Proprietors of Carolina to (the Barbadoes adven- 
Cockpit. turers). Have received their letters of August 29th and October 8th, 
by Major Wm. Yeamans, who has made knovTi their desires touching 
their settlement in Carolina, and his own power to treat with the 
Lords Proprietors concerning the same. By his ingenuity he has 
prevailed with them to gTant more than several people would have 
accepted ; of which they no ways repent considering their forward- 
ness to settle near Cape Fair, and resolution to make another settle- 
ment to the southward or westward of Cape Romania. There is 
nothing that may be fit for the Lords Proprietors to grant, or to 
obtain for them from his Majesty, but they ynW do the one and 
endeavour the other as soon as they understand that the adventm-ers 
have begum the southernmost settlement, i p. [Col. Entry Bk., 
No. XX., 2). 21.] 

[Jan. 11.] 915. Petition of Merchants and Owners of ships trading to 
Virginia to the King. Many vessels having gone to Virginia \vith 
goods and servants for supply of the Plantations, ill supplied with 
seamen by reason of his Majesty's great occasion for seamen. Pray 
that letters may be sent to the Governor of Virginia by the Elizabeth 
and Mary to cause all ships within the capes of Virginia to come 
thence in company for their better secm-ity from Dutch men-of-war. 
Indorsed, " To be reported in Council, 11th January 1664 ; Ordered, 
January 11th 1664 (5)." 1 p. [Col. Papers, Vol. XIX, No. 7.] 

Jan. 12. 916. Capt. John Taylor to the Navy Commissioners. Li obedience 
to their instructions has wi-itten to New England and made inquiries 
about the tar of that country ; tenders a sample of that tar, which 



AMERICA AND WEST INDIES. 271 

1665. 

is ofl'ered for contract. [Lorn., Ohas. II., Vol. CX., Ko. 67, Cal., 
p. 168.] 

Jan. 16. 917. George Cartwi-ight to Sec. Sir Henry Bemiet. Is heartily 

h^u^e j^"'^*''^""'^ sorry he cannot give a further account of the King's aflairs here 
'than what Capt. Hugh Hyde has received from Col. Nicolls. Since 
all the plantations of the Dutch and Swedes on the South river 
were reduced in Oct. last to the King's obedience, Mavericke and 
the writer have had nothing to do but visit the English colonies, 
but they cannot act without a third man, though each single may 
act with Col. Nicolls, but he is detained at New York with the 
aflairs of his Government, and Sir Robt. Carre cannot be persuaded 
to leave Delaware as yet. If they should not be spared from their 
Governments next spring (which he fears they cannot) they will be 
in a great strait. They will soon have spent what little the King 
allowed them, and the wi-iter has neither credit in New England 
to take up money nor an estate in England to pay it with. It is 
more probable the Dutch will attempt to regain the places taken 
from them_ in the spring rather than this winter. Their greatest 
work lies in this jurisdiction, which is 300 miles from New York, 
and Delaware above 100 miles beyond that. Printed in New York 
Documents, III., 83. 1 ^j. [Gol. Pcqxrs, Vol. XIX., No. 8.] 

Jan. 25. 918. George Cartwright to [Col. Nicolls]. Has delivered his 
C^P'^^^reedon'sletters to George Tyte, master of the Success, who is this day gone 
Bo^ion]" to _ Nantasquet. Capt. Breedon has sent him letters brought by 
Winder and Capt. Scarlet from England. None of the pilots who 
went with them to the Manhatans are paid, but has paid 10^. to Coles, 
who came from Piscataqua with Capt. Hill, having lately lost his 
vessel in a storm. Hears Major-Gen. Leveret has received 34?. from 
the country for his charges in entertaining Nicolls at Boston, and the 
country is made to believe that they have been put to 300?. charges 
akeady, and that the Commissioners intend to exact 12(7. for every 
acre of land and 3,000?. a year besides, and to abridge them of their 
gi-eatest privileges, as Hberty of conscience and many such. They 
have admitted for freemen three or four men who are not members 
of their church, that by it they might evade the King's letter in that 
point. Their underhand deahng to get petitions made to themselves 
for maintaining the government as it is at present established and 
their private soliciting for voices against the next election, give him 
just cause to be jealous of their loyalty. But till Nicolls or Sir Robt. 
Carre come here nothing can be done. Has written to Rhode 
Island, on petition of Capt. Hudson and others, who lay claim to 
land in the Narragansetts and have set up a house, which they of 
Rhode Island pulled down ; if not determined by the spring it is 
thought much blood might be spilt. Hopes he will come to Rhode 
Island as early as the season -will permit, that they dispatch their 
business and Vje here in convenient time before the General Assembly, 
when they may go to the Eastern parts to determine the limits of 
those patents. Nicolls may be better spared from New York before 
May than after, as any designs of the Dutch cannot be expected 
before then. Certain news that the Indians upon Nantucket have 



272 COLONIAL PAPERS. 



murdered and pillaged the sailors belonging to a bark di'iven by 
a storm upon that island. Printed in New York Documents, III., 
84, 85. 2 pp. {Cul. Papers, Vol. XIX., Fo. 9.] 

Jan. 27. 919. Robt. Southwell to Sec. Bennet. Commissioners for Prizes 
want commissions for Mr. Read and Capt. Taylor for prize goods in 
the Caribbee Islands, also blank connnissions to be sent to Sir Thos. 
Modyford, Sir Wm. Berkeley, the Commissioners of New England, 
and Sir Thos. Temple, each to a])point a fit man for that work in 
their respective places. [Doia., Chti<. II., Vol III., .Y(». 49, TV/., 
p. 180.] 

Jan. 28. 920. The King to Col. Richard NicoUs and the rest of the Com- 
WlutclKill. inissioners for New England. Because of the indignities, spoils, and 
affronts of the Dutch and their notorious proceedings on the coast of 
Guinea, De Ruyter being .sent thither with 12 ships of war to destroy 
all the King's interest in those parts, and his Majesty having cause to 
suspect, on his return to invade all the English shipping he can 
meet with and assault his Plantations in New England and other 
colonies, they are required to take care of the forts and defences, 
and empowered to do what is necessary for the safety of the islands 
and navigation of English merchants. They are to observe all 
oi'ders and directions from the Duke of York, Lord Admiral, who 
has been commissioned to grant letters of marque and general 
reprisal against the ships, goods, and subjects of the States of the 
United Provinces. Copies of this letter to be sent to the Governors 
of all the Foreign Plantation. Signed by the King and counter- 
signed by Sec. Bennet. Printed in Xew York Documents, III, 
8.5, 80. 3 pp. {Col Papers, Vol. XIX., Xo. 10.] 

Jan. 80. 921. George Cartwright to Col. Nicolls. Has written to desire 

Capt. Broedou's ]nui to meet them at Rhode Island as early as he can travel. Mr. 
in Bosum]. Archdale has been here with the King's letter requiring these 
gentlemen to deliver up the Government of the Province of Maine 
into Archdale's hands, or to show cause to the contrary ; they 
have refused and he has protested against them and appealed to 
the King's Commissioners ; they wiU not submit to their peculiar 
patent, but will adhere to the government of this jurisdiction. A 
messenger may be here from Rhode Island in two clays. Maverick 
is now at Char[lestown ?]. " To-morrow is a court here at which 
Mr. Winder hath a great trial, who pretends he and his partners 
were palpablj' cheated by some churchwardens of 400?. five years 
ago, which he undertakes to prove, and another man who laj^s an 
action of 500?. against his father-in-law for detaining his wife from 
him. The wife complained to her father that her husband was in- 
sufficient, the father being a member, acquainted the church with it, 
and they the magistrates, who sent three several doctors to make 
inspection ; they all have carefully taken the dimensions, and are to 
be witnesses to-morrow ; by the next I may tell 3'ou what justice 
they have done against the chuixh members, for this messenger wiU 
not stay till the court be ended. It will be worth the knowing 
what or how much is necessary for a holy sister." Hears Col. Series 



AMERICA AND WEST INDIES. 273 



is to be made a member and a magistrate ; it is certain that they 
have agreed that the members upon their admission must make no 
more public confessions in their meeting houses but in private, and 
they say tlie order was made in relation to him. A gentleman at 
Piscataqua, Mr. Champernowne, passionately in love with Mrs. 
Katharine, and desires to commit matrimony with her. 1 p. [Col. 
Papers, Vol. XIX., No. 11.] 

16G5 ? 922. Petition of several of the King's subjects in the city of 

Bristol, trading to Virginia, to the King. Five rich and consider- 
al:)Ie sliips belonging to them laden with Virginia tobacco have been 
taken liy Dutch capers on their homeward voyage. Petitioners paid 
a tax of 2s. 3f?. per hogshead of tobacco imposed by the Governor of 
Virginia for the fortification of the country, for which they have 
given bills of exchange amounting to near 400/. sterling. Pray for 
release of said bills, or leave to expoi-t the like quantity of tobacco 
duty free, and further that said imposed tax may be employed to 
the right use, for at present there is no port to j^reserve ships 
against a single man-of-war of 30 guns. Names of the ships taken. 
1 p. [Col. Papers, Vol. XIX., No. 12.] 

1005. 923. Petition of Thos. Pittman, Tho.s. Grigge, Mark Jarvis, John 

Jan. Lovicke and Company, owners of the Recovery, to the Duke of York 
and Commissioners of the Admiralty. The Recovery has been 
lying at Gravesend above five weeks ready to sail for Virginia, with 
a special packet from the King and Council to Gov. Berkeley and 
near 40 passengers, her sole outward freight " persons utterly use- 
less to this kingdom, but rather destructive in their idle course of 
life, whereunto they would most willingly return upon any ad- 
vantage given them of escape." Pray for a special order for 
taking off tlic emliargo upon said ship. Signed by petitioners. 
IndorseJ, January lGG4(-.5). 1 'p- [Col. Papers, Vol. XIX., No. 
13.] 

Feb. 1. 924. The Governor and Council of Connecticut to Col. Nicolls. 

Hartford. John ,Scott, according to his wonted course, is again making dis- 
turliancc amongst the people of Setawkett, by labouring to deprive 
the iie(jple of tliat place of the land expedient for their subsistence, 
seeing Col. Nicolls was pleased to determine (when our Governor 
was last at New York) that what had been formerly settled and 
determined by Connecticut upon Long Island was so to continue. 
Tile land claimed by Scott (as Setawkett men informed Allyn and 
Willys) by purchase of the Indians, if he should enjoy, would be 
destructive to that plantation. By the established order of the 
colony no land was to be purchased to the particular use of any 
person without the consent of our General Court, and all such pur- 
chases to be well in law. If such engrossing of land (to private 
uses) from Indians be tolerated it would be foimd destructive to 
whole townships. Doubts not of his favour that the people of 
Setawkett be not molested or disturbed in the enjoyment of their 
just rights. Signed by order, John Allyn, Secretary. Printed in 
'Nev: York Documents, III., 86. 1 ^j. [Col. Papers, Vol. XIX., 
No. 14.] 

M 605. S 



274 COLONIAL PAPERS. 



16G5. 

Feb. 2. 925. Sir Robt. Carr to Col. NicoUs. His letter sent ashore to 

From Mr. Milford by Capt. BoUeu, who ordered the magistrates to send it 
Willet's house, ^^^y ^i^]\ g_ll expedition. Went to the Governor's house at Rhode 
Island, who made him very welcome, Mr. Brenton, the Deputy 
Governor, at his countiy house. Communicated his directions and 
delivered their letters, " after perusal they did declare themselves so 
much satisfied that their lives and fortunes was too little to give 
satisfaction for that Royal favour they had received from his 
Majesty and likewise from the Chancellor." The rich coats sent 
by the King to some of the Sachems declared to be most unfitting 
and improper ; Mr. Clarke of a contrary opinion. His voj^age from 
Rhode Island delayed by contrary winds. Discourse with Capt. 
Willett about his going to New York ; his scruples, his wife not 
being well, but is now resolved to go. Great murder committed by 
Indians of Nantucket Island on English seamen driven ashore there, 
not thought to have been the first connnitted ; is informed it is a 
place under his Government. Mr. Willett will give a more parti- 
cular account, and his judgment of the best way to lie revenged. 
1 2). [Col Papers, Vol. XIX., No. 15.] 

Feb. 2. 926. Commission to the Duke of York, High Admiral of England, 

tVrc. His Majesty having taken into consideration the injui-ies, 
aftronts, and spoils done hj the East and West India Companies and 
other sulijects of the United Provinces upon his subjects, and that 
notwithstanding fi'equent demands made by his Majesty to the States 
General for recb-ess and reparation, none could be obtained from 
them, has thought fit that general reprisals be granted against the 
shi]is, gooils, and subjects [of said States. These are therefore to 
authorise him to grant commissions to the Governors, Vice-admkals, 
or others of his Majesty's islands and foreign dominions, to empower 
them to grant commissions to such as they shall think fit, for taking 
the ships and goods of said States, then- subjects or inhabitants, and 
to bring the same to condemnation, and afterwards dispose thereof, 
as by the course of Admiralty and usage in such cases has been 
accustomed. Indorscil, Charles R. Our will and pleasui-e is that 
this pass by immediate warrant. Entered at the Signet Ofiice 
4" February 1664(-.5). John Nicholas. Entered at the Privy Seal 
Office the sixth of February 1664(-5). J. Mathew. [_Prlvi) Seals, IG 
Chas. II., Xo. 364, T. 26.] 

1G65 ? 927. The King to the Governor of Barbadoes. That De Ruyter 

Fel>. 2 ? has gone to Guinea Avith 12 men-of-war and it is apprehended will 
endeavour to destroy the shipping at Barbadoes, there being also a 
design in Holland to send men-of-war there ; Lord Willoughby is 
dii-ected to use aU possible means to seciu-e the islands imder his 
government fi-om those dangers. Draft with corrections hy Sec. Sir 
Henry Bennet. Undated hu,t probably the letter referred to hy the 
Dcpatt/ Governor of Barbculoes, see X'o. 98d. 2 ijp. [Col. Palm's, 
Vol. XIX.. Xo. IG.] 
IGG.j. 928. Heads of the preceding letter wlrich it was ' proposed to"write 

to Lord Willoughby." In Sec. Bennefs hand. 1 p. [Col. Papers, 
Vol. XIX., Xo. 17.] 



AMERICA AND WEST INDIES. 276 

16G.5. 

Feb. 3. 929. Benedict Arnold and William Brentou on behalf of the 

Newiiort. colony [of Rhode Island] to Col. Nicolls and the rest of the Com- 
missioners. Have received b)^ the hands of Sir Robert Carr the 
King's letter of 23 April 1G(J4 [see ante, No. 724], in which is expressed 
" such great and wonderful favour as we believe can hardly be 
C(iualled or paralleled from any other Prince unto the Ijcst of sub- 
jects, much less to such unworthy and otherwise despised and 
oiipresscl ones as we are." Beseech the Great God to pom- 
down his Ijlessings upon the King and liis affairs, and in particular 
to bless, guide, and defend the < 'omini'^sioners in their weighty con- 
cernments. That they may be di.-li ruiiil from oppressing one another 
in civil or religious matters, in ^\'lliell most of the members of this 
colony have suffered very much mider strange pretences from the 
neighbouring colonies and paiticirlarty from Massachusetts. They 
forbore to insist on these either to Sir Robt. Carr, who lately was 
with them, to Col. Cart\\Tight, or to Maverick, and will forbear now 
saving only to represent that they sutler with a patient expectation 
of a full hearing between them that wrong them and themselves. 
Complain of the petition presented at Boston against this colony, 
setting forth strange outrages and violence, and praying they may 
be prohibited from building, ice. Inclose copy of petition from 
" persons who by violence intrude into the middle of this colony and 
there procure and acquire lands contrary to the law in such cases 
here established." It came to their- hands the day after Sir Robt. 
Carr left. Will endeavour to preserve the peace until their 
cause may have an equal hearing before the Commissioners, which 
they hopefully expect will be ui these few weeks, for which they 
request some 15 days notice. Thankfully acknowledge the high 
favour of the Earl of Clarendon in his letter to them of 2Sth April 
1664. For fui-ther information refer them to the report of the bearer 
Capt. Bollen. Inclose, 

929. I. Petition of Capt. Wm. Hudson, John Paine, and others 
concerned in the Narragansett and Nayantick countries to 
Col. Cartwright and Sam. Maverick, two of his Majesty's 
Connnissioners. Complain of the disturbance they have 
met with in the pulling do-WTi of a house and such like by 
the inhabitants of Rhode Island and such as pretend to 
belong to the colony, and pray the Commissioners to require 
that their proceedings be not further interrupted in planting- 
said country according to the King's letter and their just 
rights. TSudhrr 3 2>'i'- [CvJ- Puper:<, Vol. XIX., Xos. IS, 
18 1.] 

Fel). 3. 930. John Darcj^ to George Cartwright and Compan}'. Has 

Virginia, consigned the ship William Nicholas to them by order of Governor 
Nicolls, who will be a sufferer, as she cai-ries 100 hogsheads of tobacco 
less than he thought. 1 p. [Col. Papers, Vol. XIX., Xo. 19.] 

Feb. 4. 931. Col. George Cartwright to Col. Nicolls. Thanks for his 

Capt^reedon's letter delivered by Sir Robt. Carre. They find a great proliability 

Boston l' °^ obstruction. It is reported here that they have already cost the 

country 300?. Is told that Maj.-Gen. Leveret has received Ml. for 

s 2 



276 COLONIAL PAPERS. 

IG65. 

entertaining Nicolls. It is also reported that they are to demand 
12(?. for each acre of ground improved, and 3,000?. a year besides ; 
that they are to infringe the discipline of the church by compelling 
chikken to be baptised, and to interrupt theii' form of government 
by admitting appeals. Wagers are laid that they will never sit 
here [at Boston] as Commissioners, and it is certain these people 
have twice sent letters to my Lord Chancellor since August last. 
Thinks, therefore, it will be better to begin at Connecticut and 
dispatch the other three colonics bcforo tliis, " for if we have good 
success there, it will lie a strong iuiliKiim/nt to these to submit also 
to his Majesty's Couiuiission, anil il'tlirsc should anyways oppose us, 
it would be an ill-precedent to the other." Hopes to have letters 
and orders to refer the difference about Gorges to them before May. 
This colony being both the richest, greatest, most populous, and 
inclinable to a commonwealth, they ought to have the greatest 
circumspection about it. Cannot conceive how it is possible for 
them to get a good election for the next General Assembly, seeing 
none can elect or be elected but church members. Hopes he shall 
prevail with Su- Robt. Carre and Mavericke that they may be at 
Rhode Island before the first of March at farthest. Has not yet 
perused the papers he sent, but does not understand how they can 
be both judges and solicitors in Duke Hamilton and Mason's cases, 
but hopes when he has considered them that difiiculty may be 
resolved. A court now sitting at Boston and Winder has had a 
great trial gone against him ; he had many substantial men and 
merchants who gave evidence against him ; the other party had but 
one "witness, yet being a church member carried the cause hard born. 
Is very glad that Willet intends to go immediately to him ; believes 
him both a very honest and able gentleman who will serve both for 
a mayor and a councillor. The fort not to be kept two hoiu-s longer ; 
in his opinion a battery upon the Point would be of greater advantage 
than the fort itself, if ever the town be fortified. Maj.-Gen. Leveret 
is making such a work under the fort hill, and removes great stones 
of 10 tons weight. The Dutch expect the English laws at their six 
months end ; they will probably think themselves oppressed if they 
are not allowed a while longer, " but your own convenience in this is 
the greatest consideration." Wishes to receive the remainder of the 
250?. Has not yet been to dinner with any townsman, suspecting 
them all. " The saving of a little expense shall not be an occasion 
in me of hindcrin-' his ^Injcsty's service, so much have I considered 
these people's tri]i]Hi\ witli his Mnjisty's caution. That all designs 
of profit for the pri'Si/nt scciii uiuvasonable and may possibly obstruct 
the more necessary design upon their obedience and loyalty." They 
have altered the law for freemen, which he sends enclosed ; likes it 
not, the reason is so visible, will not trouble him with it. With 
note attached signed by Samuel Maverick and Sir Robert Carr. 
They know all the above to be truth, and earnestly desire his 
presence here if possible by 20 April the day of election being 
3 May ; in the meantime they will do what they can by way of 
preparation. Printed in New York Documents, III., 87, 88. 2 pp. 
[Col. Papers, Vol. XIX., Ko. 20.] 



AMERICA AND WEST INDIES, 277 



Fch. 4'. 932. Samuel Maverick to Col. NicoUs. Thanks for liis good 

Boston. advice. Perceives he has heard some false report. All concur in 
what Col. Cartwright has m-itten, and that he has been too retired. 
Hopes he himself has not been over sociable. Has spent three 
weeks in visiting his friends in several of the chiefest towns in this 
Government, and is deceived if, in that journey, ho did not unde- 
ceive both magistrates, ministers, and other considerable persons. 
It cost him unavoidably 10?. They intend to be at Rhode Island 
about 1st of March, and much desire his presence. Printed in New 
York Documents, III., 88, 89. 1 p. [Col. Papers, Vol. XIX., No. 21.] 

Feb. 7. 933. Col. George Cartwright to Sec. Sir Henry Bemret. By the 

Capt. Breedon's same justice he complained of Sir Robt. Carr's absence, he is bound 
house in Boston.^.^ g-^^ account of his being here. He came on the 4th, and two 
days after they sent to Plymouth to desire a General Assembly to 
be convened on the 20th, whither they intend presently to go. 
Has not had conveniences yet to deliver the Iving's letters to them 
and Rhode Island, wherefore we choose to visit them first, the 
rather because we hope for a better compHance from theni than 
Boston, who by petitioning to beg hands of all sorts to maintain the 
Government as now established, and reporting that they are to 
demand 12c?. for every acre of improved ground, and .5,000?. a year 
besides for the King, and that they are to be straitened in the 
exercise of their discipline and civil privileges, have given ground 
for fear that the fancy of a commonwealth is yet in some of their 
brains Hopes to have finished all by Midsummer. Printed in Neiu 
York Documents, III., 89. 1 p. \Gol. Papers, Vol. XIX., No. 22.] 

Feb. 12. 934. Lieut.-Col. Thos. Lynch to Sec. Sir Henry Bennet. Is 
Jamuica. o-rateful for his letter of Dec. 12, with recommendation from his 
Majesty to the Governor, who, on his arrival, found all people in- 
dustrious, well satisfied, and ready to give him and all who came 
with him what assistance they coidd. A new Assembly being 
chosen, they met in October, but were much inferior to the other in 
parts and estates, who had imposed upon them for Speaker a 
malicious, beggarly, debauched fellow, and instead of correcting 
what was amiss in the old laws, fell into question of Lord Windsor 
and Sir Charles' power to call the late Assembly, and att,iii]itr.l ly 
violent discomses and contrivances to render the past ( ;u\rmiiirut 
oppressive and illegal. Amidst these disputes the (lnvriiKu- dis- 
charged him from his Council and oflice of Chief Justice, without 
giving any public reason. Was it because the Governor would 
betimes punish that uncourtly humour of speaking plain and true, 
or else that he came prejudiced against Lynch by Col. D'Oyley, or 
that he would have none to shine in this hemisphere but himself and 
his son, especially such as had any influence over the old army. It 
only constrains Lynch's return, and prevents the resolution he had 
to marry, send for his relations, and make this his England. The 
bearer, Capt. Fenne, will discourse on the Royal Company's affairs. 
The island is healthy. Describes the regulations for administering 
justice. Many of the people that came with the Governor are dead 
and not one Ijiit himself has yet made any plantation — nor is it to 



278 COLONIAL PAPEES. 

1665. 

' be wondered at. They caine dowai ^-ery poor, and went into the 
woods without provisions, and there fall sick before they have 
houses or victuals, and then the country must be blamed for their 
want and improvidence, people not remembering that air could not 
have mamtamed Adam in Paradise if God had not planted for him 
a garden. But whatever any say, this is an excellent island, and 
will certainly become a considerable addition to liis Majesty's 
dominions. There has been little improvement thLs eight or ten 
months. The want of negroes the grand obstruction ; without them 
the Plantations will decline and the people be discouraged. If his 
Majesty would make a great plantation here, it must be by more 
apt and liberal disbursements than those with interests here have 
yet made. Starts to-morrow towards New England, and on his 
way will inquii-e at Havannah after the Griffin, whose loss is one of 
their great misfortunes and disappointments, and makes him fear 
they shall have no more people fi-om Barbadoes but Lady Modyford, 
who is expected. Intends for Spain and at Madrid to obtain per- 
mission to purchase 1,000 or 2,000 head of cattle in Hispaniola and 
Cuba. Begs the assistance of the Ambassador in the matter, and 
offers one-third share in the adveutm-e vnih himself and Governor 
Modyford. It will be a vast advantage to this country, and a particular 
profit to those concerned. Doubts they have not now SOO on the 
island, though they are all English beefeaters, and the cattle wiU not 
cost above 4s. each, and every 100 head of cows will be more than 
300?. jDer annum, better rents than any in England. Fears it's against 
the Spanish interest to permit a thing so profitable, and which will 
make this island so absolutely English ; however will endeavour his 
titmost, because of his duty to his Majesty and his affection to the 
island. Though 10 j-ears of sufferings and hazards have endeared 
it to him, yet resolves never to return, though the Governor is suffi- 
ciently obHging and kind to him. Hopes the Dutch war will 
reduce and employ the privateers, who otherwise will be dangerous 
rogues, of which they have already given too many wicked in- 
stances. Wishes his Majesty had leisure to consider how numerous 
and insolent the French are in the Indies. Doubts they may take 
Dutch commissions, so that the taking of Curayao would lie a good 
service. 3 2>i>. [Col Pajjer^, Vol. XIX., No. 23.] 

1665 ? 935. — to Sec. Sir H. Bemiet. Hears by letters of Jan. Sth that 

Sir Thomas Modj'ford sent his son Major- Gen. John Modiford in a 
small frigate called the Griffin, of 1-1 or 16 guns, to fetch his lady 
from Barbadoes, and any planters that would embark for Jamaica. 
About the Leeward Islands the Griffin was attacked by a Dutch 
man-of-war, and was so disabled as to be obliged to put into the 
French island of Martinico for repairs. The fight is conjectured to 
have 1 leen in No